2015 (1) TMI 1065 - AT - Income Tax

Disallowance of interest expenses - Held that - Impugned disallowance has been sustained by the CIT(A) observing that detailed particulars of payments have not been furnished by the assessee either before the assessing officer or before him. Since the assessee before us claims to be now in possession of the details of payments, which have been furnished at pages 261 and 264 of the paper-book, we deem it fair and proper to restore this issue to the file of the assessing officer, for fresh consideration. - Decided in favour of assessee for statistical purposes. Disallowance of the claim of capital loss - Set-off of capital loss against the capital gains income - Held that - As per Section 94(7), if any person buys securities or units within three months prior to the record date and such person sells or transfers such securities within three months after such record date, loss on such sale of securities/units shall be ignored for computing income chargeable to tax. As verified from the record, assessee purchased these units and held them for more than three months period as on record date. Therefore, condition '(a)' specified in the section has not been fulfilled. We agree with the assessee's contention that the transactions does not come within the purview of Section 94(7). Therefore, the loss as claimed is to be allowed. - Decided in favor of assessee. Disallowance of deduction u/s.80IA in respect of the profits earned from eligible and notified BTS Project - infrastructure project - Held that - Since both the Assessing Officer and the Ld.CIT(A) considered the application under automatic rule, they have raised objection whereas assessee's application does not fall under Automatic Approval Scheme, but under Non-automatic Approval Scheme. In view of this, since there is already approval from the relevant authorities and also from the CBDT, we direct the Assessing Officer to grant the deduction u/s.80IA subject to verification of computation.- Decided in favor of assessee for statistical purposes. Non-grant of TDS credit without assigning any reason - Held that - CIT(A) noted that an amount of ₹ 8,02,73,441/- was being granted as TDS credit and directed the Assessing Officer to look into the TDS claim and grant proper claim as per law. Even though there is direction from the CIT(A), it is assessee's contention that credit has not been given. Assessing Officer is directed to examine the claims of assessee and allow the credit after due verification. - Decided in favor of assessee for statistical purposes.

Summary

Issues Involved:
1. Disallowance of interest expenses.
2. Set-off of capital loss against capital gains.
3. Disallowance of deduction under Section 80IA.
4. Non-grant of TDS credit.
5. Levy of interest under Sections 234B and 234D.

Detailed Analysis:

1. Disallowance of Interest Expenses:
The assessee contested the disallowance of Rs. 4.64 Crores out of the Rs. 13.69 Crores interest claimed in the P&L Account. The Assessing Officer disallowed the interest, considering the funds were diverted for investments in subsidiaries. The CIT(A) affirmed this, referencing earlier years' decisions. The ITAT noted that similar issues in previous years were remanded for fresh examination. Following the precedent, the ITAT set aside the disallowance and remanded the matter to the Assessing Officer for fresh consideration, allowing the ground for statistical purposes.

2. Set-off of Capital Loss Against Capital Gains:
The assessee claimed a short-term capital loss of Rs. 15,66,51,356/- on the sale of mutual funds, set off against short-term and long-term capital gains. The Assessing Officer disallowed this, invoking Section 94(7) of the Income Tax Act, which aims to curb tax evasion through short-term loss creation. The CIT(A) confirmed the disallowance, stating the transactions fell under Section 94(7). However, the ITAT found that the conditions of Section 94(7) were not met, as the units were held for more than three months before the record date. Citing judgments from the Bombay and Delhi High Courts, the ITAT allowed the set-off of the capital loss, overturning the disallowance.

3. Disallowance of Deduction Under Section 80IA:
The assessee claimed deductions under Section 80IA for profits from infrastructure projects. The Assessing Officer disallowed this, stating the conditions of the Industrial Park Scheme were not met, specifically the requirement of a minimum of 30 units and no single unit occupying more than 50% of the allocable area. The CIT(A) upheld this disallowance. The ITAT, however, found that the assessee's application was under the Non-automatic Approval Scheme, which does not impose these conditions. The ITAT directed the Assessing Officer to grant the deduction under Section 80IA, subject to verification of computation, allowing the ground.

4. Non-grant of TDS Credit:
The assessee claimed that TDS credit amounting to Rs. 6,57,179/- was not granted. The CIT(A) directed the Assessing Officer to verify and grant the correct TDS credit. The ITAT upheld this direction, instructing the Assessing Officer to examine and allow the TDS credit after due verification, allowing the ground.

5. Levy of Interest Under Sections 234B and 234D:
The assessee contested the levy of interest under Sections 234B and 234D. The ITAT noted that these were consequential in nature and directed the Assessing Officer to provide the working of interest while giving effect to the consequential order, allowing the ground for statistical purposes.

Revenue's Appeals:
The Revenue contested the deletion of the disallowance of interest expenditure. The CIT(A) had deleted the disallowance, noting that the assessee had sufficient own funds and there was no nexus between borrowed funds and investments. The ITAT upheld the CIT(A)'s decision, dismissing the Revenue's appeals.

Conclusion:
The ITAT allowed the assessee's appeals for statistical purposes and directed the Assessing Officer to re-examine certain issues. The Revenue's appeals were dismissed. The order was pronounced in open court on 22-01-2015.