2014 (4) TMI 392 - AT - Income Tax

Maintainability of the disallowance of interest Held that - The CIT (A), while proceeding correctly, adopted the wrong balance-sheet, i.e., as at the close of the year, and also did not draw the correct inference from his working - the entire capital of the firm as well as the borrowed capital is utilized toward business assets it may not either be liquid or generate income would be by itself not relevant Relying upon Veecumsees v. CIT 1996 (4) TMI 6 - SUPREME Court - the assessee s reliance on the allowance of interest for earlier years is only indicative and not determinative of the matter - The borrowed capital must continue to be utilized for business purposes for the period for which the interest is being claimed as a business expense - the disallowance at Rs.140950/- only, is allowed for allowance for the balance Decided partly in favour of Assessee.

Summary

Issues:
Maintainability of disallowance of interest paid by the assessee.

Analysis:
The judgment pertains to an appeal by the Assessee against the Order by the Commissioner of Income Tax (Appeals) dismissing the assessee's appeal contesting its assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 1998-99. The main issue in the appeal is the maintainability of the disallowance of interest paid by the assessee. This case had been before the Tribunal multiple times, with the matter being sent back for fresh adjudication previously. The Tribunal emphasized that borrowed capital must be utilized for business purposes to claim interest as a business expense. If borrowed capital is diverted for non-business or personal purposes, interest cannot be claimed as a business expense. The Tribunal highlighted the importance of analyzing financial statements to determine the utilization of borrowed capital for business purposes.

In the present proceedings, the Tribunal examined the financial position of the assessee and the utilization of borrowed capital. The Tribunal observed that most assets represented business assets, except for loans and advances. It was noted that interest was paid only on loans from a specific family, which were utilized for funding business assets. The Tribunal disagreed with the lower authorities' conclusions regarding the utilization of capital and the allowance of interest. It clarified that the utilization of capital for business assets is crucial, regardless of whether the assets generate income. The Tribunal also emphasized that past allowance of interest does not determine current eligibility for deduction. The decision was made based on the Tribunal's previous order, which had attained finality.

Ultimately, the Tribunal partly allowed the assessee's appeal, confirming the disallowance of a specific amount and directing allowance for the balance. The judgment highlighted the importance of ensuring that borrowed capital is used for business purposes to claim interest as a business expense. The Tribunal's decision was based on a thorough analysis of the financial position and the utilization of borrowed capital by the assessee.