2009 (10) TMI 908 - HC - Income Tax

Summary

Issues involved: Whether deduction of interest paid on borrowed funds diverted by the assessee to sister concerns as interest-free loans is justified.

Summary:
The High Court of Kerala addressed the question of whether the Tribunal was correct in allowing deduction of interest paid on borrowed funds that were diverted by the assessee to sister concerns as interest-free loans. The Court noted that the Tribunal had based its decision on the Supreme Court's ruling in S.A. Builders Ltd. v. CIT [2007] 288 ITR 11, but failed to consider the specific facts of the case. The Court highlighted that the Tribunal assumed the advances were made from the assessee's own funds due to substantial profits, but pointed out that interest-free advances were made annually amounting to Rs. 2 crores despite significant borrowings by the assessee. The Court found the assessee's argument illogical, stating that if the assessee had substantial profits and own funds, there should be no need to rely on borrowed funds. The Court emphasized that for interest on borrowed funds to be allowed u/s 36(1)(iii) of the Income-tax Act, it must be for business purposes. The Court concluded that the assessee must establish the interest in the sister concern, the business carried out by it, the financial position of the sister concern, and the interest derived by the assessee to prove commercial expediency for justifying interest-free advances made from borrowed funds. As the Supreme Court decision relied upon by the Tribunal was not available during the assessment, the Court allowed the appeals, vacated the Tribunal's orders, and remanded the cases to the Assessing Officer for further examination based on cash flow statements, constitution of sister concerns, assessee's interest, and financial position of the business concerns at the time of making the advances. The Court directed the Assessing Officer to issue a written pre-assessment notice containing proposals for disallowance of interest, if any, and reasons for the same to provide the assessee with an opportunity to respond before completing the assessment.