2009 (5) TMI 945 - HC - Income Tax

Summary

Issues Involved:
1. Disallowance of interest expenditure u/s 36(1)(iii) of the Income Tax Act, 1961.
2. Material evidence for interest-free loans to subsidiaries and associate companies.

Summary:

Issue 1: Disallowance of Interest Expenditure u/s 36(1)(iii)
The Tribunal upheld the disallowance of Rs. 10,24,59,637/- as interest expenditure incurred by the appellant on capital borrowed for business purposes. The appellant argued that the borrowed funds were not used for interest-free loans to subsidiaries and associate companies. The AO initially allowed the deduction, but the Commissioner initiated proceedings u/s 263, questioning the AO's investigation into the use of borrowed funds. The Commissioner set aside the AO's assessment, leading to the disallowance of the interest expenditure. The appellant's subsequent appeals to the CIT (A) and the Tribunal were unsuccessful.

Issue 2: Material Evidence for Interest-Free Loans
The appellant contended that there was no evidence to support the Tribunal's finding that borrowed funds were used for interest-free loans to subsidiaries and associates. The appellant provided detailed accounts and evidence showing that the advances were made from internal accruals or sale proceeds of investments, not borrowed funds. The Tribunal, however, did not consider these materials and dismissed the appellant's Miscellaneous Application, stating that allowing it would amount to reviewing its order.

Tribunal's Failure to Consider Evidence
The appellant highlighted that the Tribunal ignored relevant facts and evidence, including judicial decisions and financial documents, which demonstrated that no part of the borrowed funds was used for interest-free advances. The Tribunal's order was deemed perverse and unsustainable in law for failing to apply its mind and pass a reasoned order.

Remand for Fresh Hearing
Both parties agreed that the matter should be remanded back to the Tribunal for a fresh hearing. The Court set aside the Tribunal's order and directed it to reconsider the case, taking into account all the materials and legal arguments presented.

Conclusion
The appeal was disposed of with directions for the Tribunal to rehear the matter on the specified points, ensuring a thorough consideration of all relevant evidence and legal contentions.