2012 (7) TMI 427 - AT - Income Tax

Whether loan to Sister Concern even out of borrowed funds is not liable to be disallowed - appellant submitted a copy of ledger account in its books of account during the appellate proceedings to claim the opening balance as well as advance of loan during the year Held that - Books of account were seized by the Central Excise and Customs Deptt. Of the appellant and not of its sister concern. It is, therefore, the appellant has no explanation or credible evidence to substantiate its claim of interest - assessee has given interest free loan to sister concern at Rs. 1.20 Crore which is more less matching with interest free fund available with the assessee - There is no direct nexus between interest bearing borrowed fund with interest free advances in the assessment order - assessee s appeal is allowed

Summary

Issues:
Appeal against addition under Sec. 36(1)(iii) of the I.T. Act for assessment year 1995-96.

Analysis:
1. The appeal arose from the order of CIT(A)-XIV, Ahmedabad, confirming the addition of Rs. 21,70,651/- under Sec. 36(1)(iii) of the Act. The appellant contended that the provision did not apply as the loan to the "Sister Concern" was not liable to be disallowed. The appellant also argued that the CIT(A) erred in confirming the disallowance without proving the "nexus" of the Interest Free Loan available and given. Additionally, it was submitted that if any interest was liable to be disallowed, it should only be on the Net Current years Advances given calculated on a "Product basis" only.

2. The case was remitted back by the ITAT 'D' Bench for necessary verification as the CIT(A) had deleted the addition without seeking explanations from the assessee. The Assessing Officer disallowed the interest again as the assessee did not furnish any evidence in support of the claim. Subsequently, the CIT(A) confirmed the addition, noting the appellant's failure to provide satisfactory explanations or evidence regarding the purpose and final utilization of the advance granted to the sister concern.

3. The appellant argued that the interest-free fund available with the assessee was sufficient to advance interest-free funds to the sister concern, as evidenced by the balance sheet. The appellant's contention was supported by the decrease in unsecured loans during the year. The Tribunal observed that there was no direct nexus between interest-bearing borrowed funds and interest-free advances in the assessment order. Consequently, the Tribunal held that the addition was not justified and proceeded to delete the same, allowing the appeal on all grounds.

This detailed analysis covers the issues involved in the legal judgment comprehensively, highlighting the arguments presented by the appellant, the findings of the authorities, and the final decision of the Tribunal.