2015 (10) TMI 1089 - HC - Income Tax

Disallowance of claim of assessee of interest u/s.36(1)(iii) - Held that - Tribunal had observed that though the Assessing Officer had specifically requested the assessee to file necessary evidence in support of the claim that the premises was used for the purpose of business, the assessee could not submit any evidence to prove that the said premises was used for its business purpose. We further find that on a specific query by the Tribunal the learned counsel had stated that he was unable to submit insurance policy against fire of the building and trade licence to show that the premises was used for business purpose. Therefore, as facts were dealt with in detail by the Tribunal and no cogent evidence could be adduced by the assessee in support of its claim, in view of judgment Tirupati Trading Co. (1999 (8) TMI 19 - CALCUTTA High Court), the order of the Tribunal requires no interference. - Decided against assessee.

Summary

Issues:
Appeal under section 260A of the Income Tax Act, 1961 against the order dated 15th October, 2004 passed by the Income Tax Appellate Tribunal for the assessment year 1998-99. The substantial question of law: Whether the Tribunal erred in law in not allowing the claim of interest u/s.36(1)(iii) of the I.T. Act, 1961 when the requirements for claiming the deduction were satisfied by the assessee.

Analysis:
The appellant, a film production company, obtained 50% portion of a valuable property on rent for business purposes after disputes among co-sharers. The appellant's return of income for the assessment year 1998-99 showed total income of &8377; 78,208, later assessed at &8377; 5,17,330 under section 143(3) of the Income Tax Act, 1961. Disputes arose regarding the disallowance of interest expenditure of &8377; 3,60,000 and rental expenditure of &8377; 63,000 by the Assessing Officer. The CIT(A) allowed the appeal, but the revenue appealed before the Tribunal.

The Tribunal found the appellant failed to provide evidence that the property was used for business purposes. The Tribunal noted the absence of evidence like insurance policy against fire or trade license to support business use of the premises. Citing the judgment in Tirupati Trading Co. v. CIT (Cal), the Tribunal reversed the CIT(A)'s decision and allowed the revenue's appeal for both years.

The appellant argued that documents submitted to the Assessing Officer, such as agreements and questionnaire responses, should have been considered by the Tribunal. However, the revenue's advocate contended that without substantial evidence beyond a letter claiming commercial use, the Tribunal's decision should stand.

Upon review, the High Court found the Tribunal's detailed analysis of the lack of evidence supporting business use of the premises justified. As the appellant failed to provide cogent evidence despite specific requests, the Court upheld the Tribunal's decision based on the precedent set in Tirupati Trading Co. case.

In conclusion, the Court answered the substantial question of law in the negative, favoring the revenue and dismissing the appeal.