2014 (2) TMI 381 - AT - Income Tax

Disallowance of Interest Held that - The assessee made payments of interest to its overseas branches and also to others the issue was not examined thoroughly during the assessment proceedings, considering the non attendance of the assessee and supply the relevant details - The request of the assessee is accepted for remanding the issue to the files of the AO for fresh examining after considering the Act/treaty Decided in favour of Assessee. Disallowance of interest paid to Head Office and to other overseas branches - The issue for adjudication revolves around the prayer of remanding after setting aside the findings of the AO/DRP there was merit in the prayer of the assessee - thus, the order of the AO and the DRP-1 and remand the matter to the files of the AO for fresh adjudication Decided partly in favour of Assessee.

Summary

Issues:
1. Assessment of total income at a loss.
2. Disallowance of interest other than interest paid to overseas branch.
3. Disallowance of interest paid to Head Office and other overseas branches.
4. Initiation of penalty under sections 271(1)(b) and 271(1)(c).

Assessment of Total Income at a Loss:
The appeal was against the order of the AO assessing the total income at a loss. The assessee, engaged in banking business, had declared a substantial loss. Due to lack of cooperation from the assessee during scrutiny, the AO passed the order determining the loss. The AO proposed an ex-parte assessment but after the assessee's objection before the Dispute Resolution Panel (DRP), the final assessment was made incorporating DRP's directions. The appeal challenged the assessment.

Disallowance of Interest Other Than to Overseas Branch:
The issue revolved around disallowing interest paid by the assessee to parties other than its overseas branch. The assessee argued that the interest expenses were exclusively for business purposes and should be allowed as a deduction. The AO's decision was contested, and the matter was remanded for fresh examination in light of applicable provisions of the law, Act, or Treaty provisions.

Disallowance of Interest Paid to Head Office and Other Overseas Branches:
Another issue was the disallowance of interest paid by the Indian office of the assessee to its Head Office and other overseas branches. The assessee contended that these payments were deductible based on the principles of mutuality. The matter was remanded for reevaluation in line with a Special Bench decision, granting the assessee a reasonable opportunity to present its case.

Initiation of Penalty Under Sections 271(1)(b) and 271(1)(c):
The AO had initiated penalties under sections 271(1)(b) and 271(1)(c). However, the specific details and arguments regarding these penalties were not elaborated upon in the judgment. The focus was primarily on the assessment and disallowance of interest issues.

Conclusion:
The Appellate Tribunal partially allowed the assessee's appeal for statistical purposes, remanding the assessment of total income and interest disallowances for fresh examination. The Tribunal emphasized granting the assessee a fair opportunity to present its case during the reassessment proceedings. The judgment highlighted the importance of considering relevant legal provisions and precedents in resolving the disputed issues effectively.