2015 (2) TMI 1026 - AT - Income Tax

Applicability of amended provision of Section 36(1)(III) - CIT(A) held that amended provision of Section 36(1)(III) was not applicable in the case of the assessee as no new assets were acquired and the disallowance of interest was not proper - CIT(A) directing the Assessing Officer to verify the facts regarding the fixed assets related to the term loans from MTIL and IOB as on 31.03.2003 & to verify the contentions of the A.R of the appellant from records to ensure that the same business activity had been continued after renovation - CIT(A) restricting the addition of ₹ 95,100/- to ₹ 19,020/- which was made by AO by invoking provisions of section 14A - Held that - A perusal of the impugned order shows that the CIT(A) after the submissions of the assessee has further summed up these submissions alongwith arguments and after re-addressing the facts has given the directions to the AO to verify the factual assertions. On a consideration of the directions contained which have been reproduced in the earlier part of this order, we find no infirmity in the direction given. However considering the fact that the CIT(A) as per section 251(1)(a) of the Act has the powers only to confirm, reduce, enhance or anull the assessment and specifically does not have the power to set aside as per the Finance Act, 2001 w.e.f 01.06.2001. Accordingly finding ourselves in agreement with the directions given, we substitute the same by our similar direction to the AO as the Statute bars the CIT(A) to set aside the issue to the AO. The impugned order is modified to this extent. Decided in favour of revenue for statistical purposes.

Summary

Issues Involved:
1. Applicability of amended provision of Section 36(1)(iii) of the I.T. Act.
2. Direction to the Assessing Officer (AO) to verify facts regarding fixed assets related to term loans.
3. Restriction of addition made by AO by invoking provisions of Section 14A.

Issue-wise Detailed Analysis:

1. Applicability of Amended Provision of Section 36(1)(iii) of the I.T. Act:
The primary issue was whether the amended provision of Section 36(1)(iii) applied to the assessee, as no new assets were acquired, and the disallowance of interest was not proper. The AO disallowed Rs. 1,38,91,736/- and Rs. 95,09,228/- as they were considered capital in nature, not allowable for deduction under Section 31 of the Act. The AO's decision was based on the fact that the loan amounts were utilized for extensive repairs and renovation of the assets, which were of capital nature. The CIT(A) held that the amended provisions of Section 36(1)(iii) would not apply if the loans were for old assets and not for acquiring new assets. The CIT(A) directed the AO to verify the facts regarding the fixed assets related to the term loans from MTIL and IOB as on 31-03-2003. If the assets linked with the term loans were found to be existing assets, the disallowance of interest could not be sustained.

2. Direction to the AO to Verify Facts Regarding Fixed Assets Related to Term Loans:
The CIT(A) directed the AO to verify the factual assertions regarding the fixed assets related to the term loans from MTIL and IOB. The AO was to ensure that the same business activity continued after renovation, as appeared prima facie true from the assessment orders for 2008-09. The Tribunal agreed with the CIT(A)'s directions but noted that the CIT(A) does not have the power to set aside issues to the AO as per the Finance Act, 2001. Therefore, the Tribunal substituted the CIT(A)'s directions with its similar direction to the AO, ensuring compliance with statutory provisions.

3. Restriction of Addition Made by AO by Invoking Provisions of Section 14A:
The CIT(A) restricted the addition of Rs. 95,100/- to Rs. 19,020/- made by the AO by invoking the provisions of Section 14A. The Tribunal did not find any specific arguments advanced by the assessee in support of the cross-objection filed. Consequently, the cross-objection by the assessee was dismissed.

Conclusion:
The Tribunal allowed the Revenue's appeal for statistical purposes and dismissed the cross-objection filed by the assessee. The directions given by the CIT(A) were found appropriate, but the Tribunal modified the impugned order to ensure compliance with statutory provisions, directing the AO to verify the factual assertions regarding the fixed assets and continuity of business activity. The order was pronounced in the open court on 20th February 2015.