2016 (8) TMI 1217 - AT - Income Tax

Disallowance of Interest u/s 36(1)(iii) - Held that - As a consequence of the scheme of merger approved all the assets and liabilities of Titan comfine Ltd. Which contained the investments/advances/debtors were merged with the assessee company. The assets as mentioned above were out of the Share Capital of the company raised through Public Issue, hence there was direct nexus between the capital of Titan Comfine Ltd. and the impugned advances/debtors. All evidences in support of its contention was also placed before the AO. No portion of the interest expenditure incurred by the assessee, can be attributed to funds advanced free of interest to the impugned parties and, therefore, no disallowance under section 36(1)(iii) of the Act is warranted in the circumstances. In the result, the appeal of the assessee is allowed.

Summary

Issues:
- Condonation of delay in filing appeal
- Disallowance of interest under section 36(1)(iii) of the Income Tax Act, 1961

Condonation of Delay in Filing Appeal:
The appeal was initially dismissed for non-prosecution due to a delay of 26 days, but it was later recalled upon a Miscellaneous Application filed by the assessee. The reason for the delay was attributed to the closure of the unit and the declaration of the assessee's bank account as NPA, which was being pursued before the DRI, Chandigarh. The application for condonation of delay was opposed by the learned D.R., but the delay was condoned by the Tribunal as the assessee provided a reasonable cause for the delay. The Tribunal proceeded to adjudicate the appeal after condoning the delay.

Disallowance of Interest under Section 36(1)(iii) of the Income Tax Act, 1961:
The dispute centered around the disallowance of interest under section 36(1)(iii) of the Income Tax Act, 1961, amounting to ?48,31,677/-, made by the Assessing Officer. The Assessing Officer noted that interest-free advances were given to finance companies without any commercial expediency, resulting in the disallowance. The learned CIT (Appeals) upheld the disallowance based on the decision of the Hon'ble Punjab & Haryana High Court in the case of Abhishek Industries Ltd. The assessee contended that the advances were made by Titan Comfine Ltd. out of its own interest-free funds before merging with the assessee. The Tribunal found that the advances were made by Titan Comfine Ltd. out of its own funds, and there was no nexus between the interest-bearing funds of the assessee and the advances made by Titan Comfine Ltd. The Tribunal held that no disallowance under section 36(1)(iii) was warranted as the interest-free advances were not funded by the assessee's interest-bearing funds. The appeal of the assessee was allowed based on these findings.

In conclusion, the Tribunal ruled in favor of the assessee, allowing the appeal and holding that no portion of the interest expenditure incurred by the assessee could be attributed to funds advanced free of interest to the finance companies. The disallowance of interest under section 36(1)(iii) of the Income Tax Act, 1961, was deemed unwarranted in the circumstances.