2013 (10) TMI 287 - HC - Income Tax

Disallowance of interest expense - loan and advances to sister concerns Held that - Rate of interest for advancing the loan to the sister concern was 6% and borrowing in the majority cases was at 12% - No error much less any substantial error can be said to have been committed - As far as M/s.RJD Impex Pvt. Ltd., a proprietary concern, is concerned, on having noted that it being in the business of financing, not only advances money and charges interest at the rate of 12%, but, it also passes 12% interest on the borrowings made by it - Both the CIT (Appeals) and the Tribunal appropriately dealt with the issue, then, no reason to interfere with the deletion made by the CIT (Appeals) and confirmed by the Tribunal Decided against the Revenue.

Issues:
1. Disallowance of interest expenditure by Assessing Officer
2. Appeal by assessee and Revenue before Income-tax Appellate Tribunal
3. Substantial questions of law proposed by Revenue
4. Decision of the High Court on the appeal

Issue 1: Disallowance of interest expenditure by Assessing Officer
The Assessing Officer disallowed total interest expenditure claimed by the assessee, leading to an appeal by the assessee before the Commissioner of Income-tax (Appeals). The CIT (Appeals) partly allowed the appeal, directing the disallowance of a specific amount of interest expenditure. The High Court noted that the appellant was engaged in multiple business activities and maintained two balance-sheets for convenience. The consolidated balance-sheet revealed various financial transactions, including loans, investments, and advances. The CIT (Appeals) found that interest was charged on every transaction by the appellant and that interest-free funds were used as advance receipts for land. The High Court upheld the decision of the CIT (Appeals) on the disallowance of interest expenditure, as it found no error in the approach taken by the authorities.

Issue 2: Appeal by assessee and Revenue before Income-tax Appellate Tribunal
Both the assessee and the Revenue approached the Income-tax Appellate Tribunal with cross-appeals. The Tribunal remitted the matter to the Assessing Officer for clarification on interest charges to a specific entity. However, regarding other amounts, the Tribunal relied on the findings of the CIT (Appeals) and did not disturb the decision. The High Court observed that the Tribunal's decision was based on factual considerations and did not find any substantial error in the approach taken by the Tribunal. The High Court dismissed the appeal by the Revenue, as there was no substantial question of law raised that warranted interference.

Issue 3: Substantial questions of law proposed by Revenue
The Revenue proposed substantial questions of law related to the alleged misuse of borrowed funds for investments and loans not related to the business. The High Court considered the arguments presented by the Revenue but found no merit in the contentions raised. The High Court concluded that the CIT (Appeals) and the Tribunal had appropriately dealt with the issues raised by the Revenue, and there was no reason to interfere with the decisions made by the lower authorities.

Issue 4: Decision of the High Court on the appeal
After considering the orders of all Revenue Authorities and the submissions made by the Revenue's counsel, the High Court found no substantial question of law that warranted consideration. The High Court upheld the decisions of the lower authorities, emphasizing the factual findings and reasoning provided by the CIT (Appeals) and the Tribunal. The High Court dismissed the appeal by the Revenue, stating that there was no error or perversity in the approach taken by the authorities, and the appeal by the Revenue was not sustainable.

This detailed analysis of the judgment highlights the key issues involved, the decisions made by the lower authorities, the arguments presented by the parties, and the final decision of the High Court.

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