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Issues involved: Appeal against the order of CIT(A)-V, Baroda regarding the addition of interest and direction to recalculate the disallowance of interest.
Issue 1: Addition of interest Summary: The assessee, a firm providing educational and hostel facilities, had given an interest-free advance to a related party. The Assessing Officer (AO) added a proportionate interest of Rs. 4,12,600, presuming that the interest-free loans were given out of interest-bearing funds. The first appellate authority upheld the addition, stating that the interest-free advances did not serve the proximate business purpose of the appellant. However, the Tribunal reversed the decision, considering the availability of interest-free funds and the absence of a finding regarding deduction in earlier years. Issue 2: Recalculation of disallowance of interest Summary: The first appellate authority directed the Assessing Officer to recalculate the disallowance of interest based on the outstanding advances. The appellant argued that the authority had no power to set aside the issue back to the assessment stage due to an amendment in the relevant section. The Tribunal agreed with the appellant's arguments, reversed the findings of the authority, and directed to delete the addition of interest. The appeal of the Assessee was allowed.
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