2011 (8) TMI 371 - HC - Income Tax

Powers of the tribunal to remand the order - Power to give direction while remanding back the order - Held that - An appellate authority has every right to remand a matter on a specific point if the mistake of the authority below is limited to that very point and in such a situation there is no necessity of passing an order of fresh assessment on all points. - Decided against the assessee

Summary

Issues:
1. Disallowance of interest receivable on loan debtors against interest debited by the assessee.
2. Appeal against the order of the Commissioner of Income-tax (Appeals) allowing the claim of the appellant.
3. Disallowance of interest payable on borrowed funds by the Tribunal.
4. Legality of the Tribunal's direction to disallow interest proportionately or otherwise.
5. Justifiability of the order of remand by the Tribunal.

Analysis:
1. The appellant, a Partnership Firm engaged in money lending business, filed a return for Assessment Year 1993-94, disclosing total income. The Assessing Officer disallowed interest receivable on loan debtors against interest debited by the assessee. The Commissioner of Income-tax (Appeals) allowed the claim of the appellant relating to interest liability, considering the nature of the business and the relationship between loan given and loan taken.

2. The CIT (Appeals) held that a portion of the interest could be treated as coming from the assessee's own generated funds, thereby deleting a significant amount from the disallowance. However, the Revenue appealed before the Tribunal, which set aside the CIT (Appeals) order and remanded the matter to the Assessing Officer for a fresh decision. The Tribunal emphasized the need for proper documentation and evidence to determine the disallowance of interest payable on borrowed funds.

3. The appellant challenged the Tribunal's decision, focusing on the legality of the direction to disallow interest proportionately and the scope of the remand order. The High Court upheld the Tribunal's decision, stating that the remand was justified due to insufficient evidence on record. The Court rejected the contention that the Tribunal could not pass specific directions while remanding a matter, emphasizing the appellate authority's right to address specific issues.

4. The Court distinguished the cases cited by the appellant's counsel, highlighting that the Tribunal rectified errors in the assessment and provided necessary directions for a proper determination. The Court dismissed the appeal, affirming the Tribunal's decision and answering all points against the appellant. The judgment concluded without any order as to costs, considering the circumstances of the case.