2010 (11) TMI 1018 - AT - Income Tax

Summary

Issues involved: Appeal against orders of CIT(A)-II, Ludhiana for assessment years 2005-06 and 2006-07 u/s 143(3) of the I.T. Act, 1961.

Issue 1 - Disallowance of interest on investment in capital work-in-progress:
The Revenue appealed against the deletion of disallowance of interest on investment in capital work-in-progress for assessment years 2005-06 and 2006-07. The Assessing Officer disallowed interest of &8377; 56,48,840/- for 2005-06 and &8377; 1,44,242/- for 2006-07 u/s 36(1)(iii) of the Income Tax Act. The CIT(A) held that no interest-bearing borrowed capital was invested in the capital work in progress, based on findings from previous years. The Tribunal upheld the CIT(A)'s decision, stating that no borrowed funds were used for the investment in capital work in progress, and hence, disallowance of interest was deleted.

Issue 2 - Disallowance of ESI & PF contribution:
The Revenue challenged the deletion of an addition of &8377; 5,09,184/- made by the Assessing Officer on account of disallowance of ESI & PF contribution. The CIT(A) ruled in favor of the assessee, citing precedents where contributions made to ESI and PF accounts before the due date of filing the return of income were allowed as expenditure. The Tribunal, following the decision of the Hon'ble Punjab & Haryana High Court, directed the Assessing Officer to allow the claim of the assessee regarding the contributions to Provident Fund and ESI. Consequently, the appeal by the Revenue was dismissed.

In conclusion, both appeals by the Revenue were dismissed by the Appellate Tribunal ITAT Chandigarh, with decisions favoring the assessee in both issues regarding disallowance of interest on investment in capital work-in-progress and ESI & PF contributions.