2012 (7) TMI 723 - AT - Income Tax

Disallowance of interest on borrowed funds utilized in giving interest free advances and making investment in subsidiary company assessee is a company of the Bharti Telecom group - After the demerger, the assessee became an investment company, which manages telecom business through its subsidiaries. The main object of the company is to approve the operations of telephony business through these subsidiaries - Relevant details about the funds flow available with the assessee were duly filed before AOA and ld. CIT(Appeals) to the effect that assessee had interest free funds of Rs. 1093.75 crores to its credit Held that - Assessee had sufficient interest free funds available to acquire the equity shares for subsidiary companies and it cannot be held that they were acquired out of interest bearing funds borrowed - revenue s appeal is dismissed.

Summary

Issues:
Appeal against CIT(A)'s order for A.Y. 2002-03 - Disallowance of interest on borrowed funds for interest-free advances and investments in subsidiary company.

Analysis:
The appeal pertains to the disallowance of Rs. 34,29,023 made by the Assessing Officer (AO) on account of interest on borrowed funds utilized for interest-free advances and investments in a subsidiary company. The appellant contended that the interest claimed on borrowed funds was for business purposes and hence allowable. The appellant, a company managing telecom business through subsidiaries, explained that the funds were utilized for the acquisition of equity shares of subsidiaries from interest-free funds. The CIT(A) deleted the addition after considering the appellant's submissions and evidence of having sufficient interest-free funds.

The appellant argued that the disallowed amount was paid to Bharti Enterprises Pvt. Ltd. on the opening balance and that the advance to the subsidiary was for business purposes, as supported by the Supreme Court judgment in SA Builders 288 ITR 1. The appellant demonstrated having substantial interest-free funds available, justifying the investment in subsidiary companies. The CIT(A) upheld the appellant's contentions and deleted the disallowance based on the facts presented and legal precedents cited.

The appellant relied on various case laws to support their arguments, including CIT Vs. Tin Box Co. 260 ITR 637 (Del.), CIT Vs. Radico Khaitan Ltd. 274 ITR 354 (All), and Britannia 280 ITR 525. The Tribunal examined the details of equity shares issued by the appellant and the sources of funds for such issuances, concluding that the investments in subsidiary companies were not made from interest-bearing funds borrowed from related entities. Consequently, the CIT(A)'s decision to delete the addition of interest and bank charges was upheld, and the revenue's appeal was dismissed.

In conclusion, the Tribunal found no fault in the CIT(A)'s order, as the appellant adequately demonstrated the utilization of interest-free funds for investments in subsidiary companies. The judgment highlights the importance of substantiating business purposes for fund utilization and the relevance of having ample interest-free funds to support such investments.