2013 (11) TMI 737 - HC - Income Tax

Disallowance of interest provided in terms of levy sugar Equalization Fund Act on excess sugar price realized in earlier years because the liability was a contingent one Held that - Benefit allowed to the assessee on the ground that they were so allowed in the previous years. Allowability of rental charges of gas cylinders Held that - Benefit of Rs.9,615/- on account of rental charges of gas cylinders It is finding of fact Decided against the Revenue. Allowability of payment of consultancy of Rs.3,50,000/- to M/s. K.L. Scientific as broker s commission for importing the gas cylinders Held that - This is question of fact Payment of consultancy fee allowed Decided against the Revenue.

Summary

Issues:
1. Disallowance of interest under Levy Sugar Equalization Fund Act.
2. Disallowance of lease rent.
3. Disallowance of interest on borrowed funds.
4. Addition of rental charges of Gas Cylinders.

Analysis:
1. The first issue revolves around the disallowance of interest amounting to Rs.8,25,999 under the Levy Sugar Equalization Fund Act. The Tribunal upheld the action of the Commissioner of Income Tax (Appeals) in deleting this disallowance, considering the liability as contingent. The judgment in a related case for the previous year supported this decision, leading to the dismissal of the appeal.

2. The second issue concerns the disallowance of Rs.24,000 on account of lease rent. The Tribunal, in a related case, allowed similar benefits provided in previous years. As no appeal was filed against these benefits, the Tribunal found no grounds to challenge the decision, resulting in the dismissal of the appeal.

3. The third issue involves the disallowance of Rs.3,23,779 as interest paid on borrowed funds. The Tribunal upheld the relief granted by the CIT (A) to the assessee, despite the revenue's arguments. The Tribunal found no illegality in this decision, leading to the dismissal of the appeal due to the issue being covered by a previous judgment.

4. The final issue pertains to the addition of Rs.12,570 on account of rental charges of Gas Cylinders. The Tribunal upheld the decision of the CIT (A) in deleting this addition, citing an absence of illegality in the findings. As the questions of law raised were previously addressed in a related case, the Court dismissed the appeal, stating no need to re-decide the issues.

In conclusion, the High Court dismissed the Income Tax Appeal based on the decisions and findings from related cases, where similar issues had been addressed and resolved. The judgment highlighted the importance of consistency in legal interpretations and the impact of previous decisions on subsequent cases, leading to the dismissal of the appeal in this instance.