2013 (1) TMI 780 - AT - Income Tax

Summary

Issues involved: Appeals by department and assessees against CIT(A) order, deletion of deemed dividend addition u/s 2(22)(e), disallowance of interest on deemed dividend income, disallowance of interest paid as non-business purpose expenditure.

Deemed dividend addition u/s 2(22)(e): AO made additions as deemed income under section 2(22)(e) due to loans advanced by sister concern to the firm, partners' shareholding in both firms, and money lending activities. CIT(A) deleted the additions citing case laws and provisions of Section 2(22)(e). Tribunal upheld CIT(A)'s decision based on lack of shareholding by the assessee's firm in the sister concern, following precedent set by Special Bench and Bombay High Court.

Disallowance of interest on deemed dividend income: CIT(A) also deleted the addition of interest on deemed dividend income as consequential to the main addition under Section 2(22)(e). Tribunal upheld this decision based on the same reasoning as above.

Disallowance of interest paid as non-business purpose expenditure: AO disallowed interest paid by partners to each other due to capital withdrawals and advances between firms. CIT(A) upheld the disallowance. However, Tribunal overturned this decision, stating that there was no revenue loss as the interest income was declared and taxed by the partners, and the disallowance was not justified under Section 37(1) as it was part of legitimate tax planning.

Conclusion: Appeals of the department were dismissed, and appeals of the assessees were allowed. The Tribunal upheld the deletion of additions made by the AO and confirmed by the CIT(A) regarding deemed dividend income and interest disallowance. The Tribunal emphasized the legality of the tax planning undertaken by the assessees.