2010 (10) TMI 604 - AT - Income Tax

Disallowance - Interest fee advance lent to the sister concern - Since, the assessee made interest free advance to its subsidiary company which was incorporated for doing life insurance business - The assessee s group is carrying general insurance business and the main activity of the assessee is that of financing - The Hon ble Supreme Court in the case of S.A.Builders Ltd. vs. CIT 2006 -TMI - 3364 - SUPREME COURT has held that wherein interest bearing funds are lent to the sister concern without interest, the A.O. needs to examine the purpose of loan - If the loan is advanced for commercial expediency and not utilized by the Directors of the sister concern for their personal benefit, then the deduction of interest has to be allowed - Hence, the learned CIT(A) has rightly relied on this judgement in deleting this addition - Decided in favour of assessee.

Issues involved:
1. Disallowance under section 14A for interest and administrative expenses for assessment year 2002-2003.
2. Disallowance under section 14A for interest expenses and premium on debentures for assessment year 2002-2003.
3. Disallowance under section 14A for assessment year 2003-2004.
4. Taxability of interest on income-tax refund for assessment year 2001-2002 for assessment year 2003-2004.
5. Disallowance of administrative expenses and interest on interest-free advance to subsidiary company for assessment year 2004-2005.

Analysis:
1. For the assessment year 2002-2003, the appeals involved disallowance under section 14A for interest and administrative expenses. The Tribunal referred to a recent judgment of the Bombay High Court in Godrej and Boyce Limited vs. ACIT, emphasizing the need for a 'reasonable basis' for disallowance under section 14A. Consequently, the matter was remanded back to the Assessing Officer for reevaluation based on the High Court's judgment.
2. In the same assessment year, further appeals dealt with disallowance under section 14A for interest expenses and premium on debentures. The Tribunal noted discrepancies in the disallowance amounts and directed a fresh decision by the Assessing Officer in light of the Godrej and Boyce Limited judgment. The Tribunal dismissed the Revenue's appeal as the grievance did not arise from the impugned order.
3. Moving to the assessment year 2003-2004, appeals focused on disallowance under section 14A. Both the Department and the assessee agreed that the matter required reconsideration by the Assessing Officer in line with the Godrej and Boyce Limited judgment, leading to an order for reassessment.
4. Concerning the taxability of interest on income-tax refund for the assessment year 2001-2002 in the assessment year 2003-2004, the Tribunal referred to a Special Bench order and held that such interest is taxable in the year it is granted. The Tribunal clarified the treatment of reduced interest amounts due to subsequent assessments, allowing the appeal of the Revenue in full and partly allowing the assessee's appeal for statistical purposes.
5. Lastly, for the assessment year 2004-2005, appeals addressed disallowance under section 14A for administrative expenses and interest on interest-free advance to a subsidiary company. The Tribunal upheld the deletion of the disallowance related to the interest-free advance, citing a Supreme Court judgment on commercial expediency. Both appeals were partly allowed for statistical purposes.

This comprehensive analysis of the judgment highlights the key issues and the Tribunal's decisions for each assessment year, emphasizing the application of relevant legal principles and judgments to guide the reassessment process.

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