2014 (2) TMI 1273 - HC - Income Tax

Repayment of loan - application of income - loan money utilized for acquisition of the assets - as contended that the assessee had claimed that for the purpose of acquiring assets in question during the previous years the loan had been utilised and even successfully claimed depreciation on the assets so acquired - Held that - As to whether assessee had claimed depreciation in any of the previous years or whether the application of money was shown to have been for the acquisition of asset with the loans obtained is a matter of fact. There is no specific finding. In these circumstances the matter is remitted for reconsideration by the Tribunal which shall also take into account the materials brought on record by the assessee that are not already on record under Rule 29 to facilitate a fuller appreciation and recording of facts in this regard. The appellant is also at liberty to place reliance on such additional material having regard to the circumstances.

Summary

Issues:

1. Application of income - Whether repayment of loans obtained from the World Bank can be considered as application of income for the purpose of acquiring assets.
2. Interpretation of circular and legal precedents - Whether the circular dated 24.1.1973 and legal precedents cited by the assessee override the law in determining the treatment of loan repayment as application of funds.
3. Assessment of facts - Whether there is sufficient evidence to support the claim of depreciation in previous years and the application of money for asset acquisition with the loans obtained.

Analysis:

1. The Tribunal allowed the assessee's appeal for the assessment year 2008-09, directing the deletion of the amount sought to be brought to tax. The issue arose from the treatment of loans obtained from the World Bank, where the AO disallowed the repayment of loan amounts as application of income to avoid conferring a double benefit upon the assessee. The Commissioner (Appeals) upheld this decision, but the Tribunal ruled in favor of the assessee based on a circular and a court decision.

2. The revenue argued that the circular and legal precedents cited by the assessee should not override the law. Citing cases like Escorts Ltd. v. Union of India and CIT v. Ramchandra Poddar Charitable Trust, it was contended that the repayment of loans should not be considered as application of funds. The Tribunal's order was defended by the assessee's counsel, emphasizing that a careful examination of the books of account and income computation supported the eligibility for the benefit claimed.

3. The High Court, after considering the submissions and materials on record, found that there was a lack of specific findings regarding the claim of depreciation in previous years and the application of money for asset acquisition with the loans. As a result, the matter was remitted to the Tribunal for reconsideration. The Tribunal was directed to consider additional materials brought by the assessee to facilitate a comprehensive assessment of the facts. The appellant was granted the liberty to present further evidence in support of their case.

In conclusion, the appeal was partly allowed, and the case was remitted to the Tribunal for a detailed reconsideration of the facts and evidence presented by the parties.