2011 (2) TMI 1497 - HC - Income Tax

Summary

Issues involved: The judgment addresses two main issues raised by the Appellant in the appeal.

Issue 1 - Disallowance of Interest:
The first issue pertains to the disallowance of interest amounting to Rs. 78,72,653 on the basis that the investment in shares was made to gain controlling interest in the Malaysian Company, TCLIM. The Counsel for the parties argue that the decision of the Tribunal, which relied on a previous case, is distinguishable on facts. The Appellant's Counsel asserts that the investments were made for earning dividends, unlike the situation in the case cited by the Tribunal. Both parties agree that this question should be remanded back to the Tribunal for a fresh consideration.

Issue 2 - Computation of Disallowance:
The second issue questions whether the Tribunal was correct in directing the assessing officer to compute the disallowance in accordance with Section 14A of the Income Tax Act, 1961. The Counsel for the parties refer to a judgment of the Court in a different case and suggest that this issue should also be sent back to the Tribunal for reconsideration. Consequently, the impugned order of the ITAT related to these questions for the assessment year 2001-02 is set aside, and the matter is remanded to the ITAT for a decision in accordance with the law.

Conclusion:
The judgment concludes by disposing of the appeal based on the terms discussed for each issue, ultimately leading to the restoration of the matter to the ITAT for further deliberation and decision-making.