2010 (8) TMI 1104 - AT - Income Tax

Summary

Issues involved: Appeal against order of CIT(A)-23, Mumbai for assessment year 2006-07 regarding disallowance of interest related to interest-bearing funds utilized for making non-interest bearing advance.

The Appellate Tribunal ITAT Mumbai, comprising Shri P.M. Jagtap, Accountant Member, and Shri Vijay Pal Rao, Judicial Member, heard the appeal by the assessee against the order dated 15.10.2009 of CIT(A)-23, Mumbai for the assessment year 2006-07. The only effective ground raised by the assessee was the disallowance of interest of Rs. 6,88,161 as being related to interest paid on interest-bearing funds utilized for making non-interest bearing advance. The Tribunal noted that the issue was previously addressed in the assessee's own appeal for the assessment year 2004-05, where it was decided in favor of the assessee based on commercial expediency and the nature of transactions with group concerns. The Tribunal, respecting the previous decision, decided in favor of the assessee and deleted the disallowance of interest amounting to Rs. 6,88,161. The appeal of the assessee was allowed, and the decision was pronounced in the Open Court on 13.08.2010.

In summary, the Tribunal ruled in favor of the assessee based on the principle of commercial expediency and previous decisions regarding similar transactions with group concerns, thereby deleting the disallowance of interest amounting to Rs. 6,88,161 for the assessment year 2006-07.