2013 (10) TMI 383 - AT - Income Tax

Disallowance of interest attributable to a loan to a subsidiary company Interest incurred and claimed in the sum of Rs.24.08 lacs for the relevant year Held that - Reliance has been placed upon the judgment in the case of S. A. Builders Ltd. vs. CIT 2006 (12) TMI 82 - SUPREME COURT - This has been a subsisting issue in the assessee s case, with the Tribunal, for the earlier years, restoring the matter back to the file of the Assessing Officer (A.O.) for an examination of the facts and a decision in accordance with law.

Summary

Issues:
1. Disallowance of interest attributable to a loan to a subsidiary company.
2. Disallowance u/s.14A in respect of dividend income.
3. Benefit arising from advance license accrual.

Analysis:

Issue 1: Disallowance of interest attributable to a loan to a subsidiary company.
The appeals by the Revenue and the Assessee stemmed from the Order by the Commissioner of Income Tax (Appeals) dated 18.10.2010, concerning the assessment u/s.143(3) of the Income Tax Act, 1961 for the assessment year 2007-08. The only issue in the Assessee's appeal was the disallowance of interest on a loan to a subsidiary company. The Tribunal consistently remanded this matter back to the Assessing Officer (A.O.) for a decision in accordance with law. The Tribunal set aside the issue to the A.O. for further examination and decision, allowing the Assessee an opportunity to be heard.

Issue 2: Disallowance u/s.14A in respect of dividend income.
The Revenue's appeal focused on disallowance u/s.14A concerning dividend income claimed as exempt u/s. 10(15) of the Act. The Tribunal, considering past decisions and the jurisdictional High Court's ruling, remanded the matter back to the A.O. for fresh consideration. The Tribunal directed that the A.O. decide the issue after allowing the Assessee a reasonable opportunity to present its case.

Issue 3: Benefit arising from advance license accrual.
The principal issue raised in the Revenue's appeal was whether the benefit from an advance license accrues in the year of export or when the license is sold or availed through imports. The High Court's decision favored the Assessee, indicating accrual in the year of sale/transfer of the license. Despite the Revenue's reliance on previous decisions, the Tribunal, considering the High Court's ruling, remanded the matter back to the A.O. for a decision in accordance with the law and the High Court's decision. The Tribunal disposed of this issue accordingly.

In conclusion, both the Revenue's and the Assessee's appeals were allowed for statistical purposes, with the Tribunal remanding specific issues back to the Assessing Officer for further examination and decision in accordance with relevant legal provisions and court rulings.