2015 (10) TMI 2496 - AT - Income Tax

Disallowance of interest for allegedly advancing interest bearing fund towards interest free advances - Held that - Undisputedly the assessee has advanced Rs. 75, 00, 000/- in the month of August. The advance received by the assessee on account of transfer of rights in land is more than sufficient to fund the advances made by the assessee to Shri N.V. Jadhav during that period. Thus in view of the fact that the assessee was having sufficient funds for advancing to Shri N.V. Jadhav from the transfer of rights in the land. We are of the considered view that the authorities below have erred in making disallowance of Rs. 6, 56, 250/-. We find merit in the appeal of the assessee. Accordingly we allow the appeal of the assessee and delete the addition - Decided in favour of assessee

Summary

Issues: Delay in filing appeal, Disallowance of interest amount, Utilization of interest-bearing funds for interest-free advances.

Delay in Filing Appeal:
The appellant filed an appeal against the Commissioner of Income Tax (Appeals)-II, Pune's order for the assessment year 2007-08 with a delay of 298 days. The appellant submitted an application for condonation of delay supported by an affidavit explaining the reasons for the delay. The Tribunal, after reviewing the reasons, concluded that the delay was not intentional or deliberate. Consequently, the delay was condoned, and the appeal was admitted for hearing on merits.

Disallowance of Interest Amount:
The primary issue raised in the appeal was the disallowance of interest amounting to Rs. 6,56,250 for allegedly advancing interest-bearing funds towards interest-free advances. The Assessing Officer, during the scrutiny assessment, disallowed this interest amount on the grounds of diverting interest-bearing funds for non-business purposes without charging any interest. The Commissioner of Income Tax (Appeals) upheld the Assessing Officer's decision, leading the appellant to appeal to the Tribunal.

Utilization of Interest-Bearing Funds for Interest-Free Advances:
The appellant contended that the advance of Rs. 75,00,000 to Shri N.V. Jadhav was made from own funds, specifically from the amount received from the transfer of rights in the land. The appellant argued that there were sufficient interest-free funds available at the time of the advance, which was not disputed by the Assessing Officer. The Department, however, claimed that the appellant did not have enough funds at the time of advancing the interest-free loan and failed to demonstrate any commercial expediency for using interest-bearing funds. The Tribunal analyzed the cash flow statements and concluded that the appellant indeed had adequate funds from the transfer of land rights to make the advance, thus overturning the disallowance of Rs. 6,56,250.

In conclusion, the Tribunal allowed the appeal of the assessee, deleting the addition of Rs. 6,56,250, as it was established that there were sufficient funds available from the transfer of land rights to support the advance made to Shri N.V. Jadhav.