2015 (7) TMI 1254 - AT - Income Tax

Disallowance of claim of interest payable - Held that - The balance sheet and profit and loss account clearly shows that no person from Bagga Group is Director of M/ s. Intra Port India Ltd. Further a copy of Form No.29 submitted before the Registrar of Companies was also submitted which clearly indicates that Sri Satpal Singh Bagga, brother of the assessee was appointed as Director of the company only from 24th April, 2004, copies of which were enclosed. The payment of interest was made only after series of negotiations and was purely out of business activities. We find that a mistake has occurred which is apparent on record at Para No.102 of the Tribunal s order in the case of Balwinder Singh Bagga and others dated 3.8.2012. Hence we recall the order of Tribunal 2012 (8) TMI 1114 - ITAT HYDERABAD for limited purpose of hearing the issue in Para No.102 and direct the Registry to re-fix the hearing.

Summary

Issues:
1. Modification of Tribunal's Order dated 3.8.2012 regarding disallowed interest claim.
2. Recalling orders for AY 2003-04 and 2004-05 to re-hear issue related to Para No.102.
3. Dismissal of appeal in ITA No.709/Hyd/2006 due to incorrect addition of gift received.
4. Partial allowance of appeal in IT(SS)A No.50/Hyd/2005 and the contention regarding block period assessments.

Analysis:

1. Modification of Tribunal's Order:
The Miscellaneous Petitions were filed by the assessees seeking modification of the Tribunal's Order dated 3.8.2012. One of the issues raised was the disallowed interest claim payable to Infra Port India Ltd. The petitioner contended that the Tribunal's order wrongly assumed facts regarding the relationship between the assessee and the company. It was argued that the payment of interest was purely out of business dealings and did not benefit the assessee's tax liability. The Tribunal acknowledged the mistake in Para No.102 of its order and recalled the order for the limited purpose of re-hearing the issue.

2. Recalling Orders for AY 2003-04 and 2004-05:
Similar issues arose for AY 2003-04 and 2004-05 in ITA Nos.904/Hyd/2008 and 766/Hyd/2007 as in M.A. No.111/Hyd/2013. Therefore, the Tribunal recalled the orders for these assessment years to re-hear the issue related to Para No.102. The Miscellaneous Applications were treated as allowed for this purpose.

3. Dismissal of Appeal in ITA No.709/Hyd/2006:
In this case, the appeal was dismissed due to the incorrect addition of a gift received by the assessee. The Tribunal had wrongly stated that Intra Port India Ltd was a group concern of Bagga Group, which was refuted by the petitioner. It was argued that the money received was through proper banking channels, and the assessee was not required to prove the source. The Tribunal recognized the error in Paras 73 and 74 of its order and recalled the case for re-hearing the issue.

4. Partial Allowance of Appeal in IT(SS)A No.50/Hyd/2005:
The assessee had filed a block period return of income declaring a total income as Nil. The appeal was partly allowed, but a petition was filed arguing that transactions reflected in the regular books of accounts should not be subject to addition in block period assessments. The Tribunal recognized an error in its order and recalled it for re-hearing the specific issue. The Miscellaneous Application filed in this regard was allowed.

In conclusion, the Tribunal acknowledged mistakes in various orders and recalled them for specific re-hearing purposes, allowing the Miscellaneous Applications filed by the assessees.