2010 (3) TMI 1186 - HC - Income Tax

Summary

Issues involved:
The issues involved in this judgment are the deletion of disallowance of interest payable under section 36(1)(iii) of the Income Tax Act, 1961, the classification of a new unit as an expansion of an existing unit, and the deletion of disallowance of a contingent liability.

Summary:

Issue 1 - Disallowance of Interest Payable:
The Appellant Revenue proposed questions regarding the deletion of disallowance of interest payable under section 36(1)(iii) of the Act. The Tribunal had previously decided similar questions against Revenue in favor of the Assessee in relation to earlier years. As a result, the issues raised in the present Appeals were concluded against Revenue and in favor of the Assessee. Therefore, no substantial questions of law arose from the impugned order, leading to the dismissal of the Appeals.

Issue 2 - Classification of New Unit:
Another question raised was whether the Nagathone unit was a new unit or an expansion of an existing unit. The Appellate Tribunal was criticized for not appreciating that the Nagathone unit was entirely new and could not be considered an expansion of the existing unit. However, this issue was also concluded against Revenue based on previous decisions, leading to the dismissal of the Appeals.

Issue 3 - Disallowance of Contingent Liability:
The Appellant also questioned the deletion of disallowance of a contingent liability payable to Bharat Petroleum Corporation Ltd. The Tribunal had deleted the disallowance, stating that the liability was not crystallized for the year under consideration. As the issues were previously decided against Revenue, the Appeals were dismissed, and no substantial questions of law were found to arise from the impugned order.