2010 (9) TMI 1185 - HC - Income Tax

Summary

Issues involved: Appeal u/s 260 A of the Income Tax Act, 1961 regarding disallowance of interest, sham transactions, lease rent entitlement, and contingent liability.

Issue 1: Disallowance of Interest
- The appellant-Revenue challenged the deletion of disallowance of interest amounting to Rs. 54,60,10,262 under Section 36(1)(iii) of the Act.
- The Assessing Officer disallowed the deduction for interest paid in relation to capital borrowed for business expansion.
- The Commissioner (Appeals) restored the matter to the Assessing Officer for reconsideration.
- The Tribunal allowed the appeal, leading to the current dispute.

Issue 2: Sham Transactions
- The appellant questioned the authenticity of transactions between the assessee and ICICI, alleging them to be sham transactions.
- The Tribunal's decision regarding the genuineness of these transactions was a point of contention.

Issue 3: Lease Rent Entitlement
- The dispute arose over the entitlement of the assessee, a hire purchaser, to lease rent amounting to Rs. 17,63,37,171.
- The Tribunal's ruling in favor of the assessee on this matter was challenged by the appellant.

Issue 4: Contingent Liability Disallowance
- The appellant contested the deletion of disallowance of Rs. 1,22,14,000 payable to BPCL, arguing it was a contingent liability.
- The crystallization of this liability for the relevant year was a key aspect of the dispute.

In the judgment, the Court noted that issues 1 and 4 were previously decided in a case involving the same assessee, leading to the dismissal of these grounds of appeal based on precedent. For issues 2 and 3, which were related and also previously adjudicated upon in another case, the Court similarly dismissed the grounds of appeal based on established legal decisions. Consequently, the Court found no new questions of law arising from the impugned order of the Tribunal and dismissed the appeal accordingly.