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2017 (2) TMI 1361 - HC - Income TaxTreatment of interest on Non Performing Assets (NPAs) - Revenue contends that given the obligation of the assessee to maintain books in accordance with Section 209 of the Companies Act 1956 on accrual basis it had to reflect the interest accrued upon unpaid loans (NPAs) - Held that - Assessee successfully contended before the ITAT that the treatment it accorded to such transactions was in accord with the decision of this Court in CIT v. Vasisth Chay Vyapar Ltd. (2010 (11) TMI 88 - DELHI HIGH COURT) as held Assessee bound by Reserve Bank of India directions to treat deposit as non-performing asset Interest does not accrue - question of law decided against the Revenue This Court also notices that the assessee s method of treatment of such accrued interest was also subject matter of a previous order of this Court in CIT v. GE Countrywide Consumer Financial Service Limited 2016 (1) TMI 1371 - DELHI HIGH COURT . The Court had affirmed the views of the ITAT which ruled in favour of the assessee.
Issues:
Treatment of interest on Non Performing Assets (NPAs) under Section 260A of the Income Tax Act, 1961. Analysis: The case involved an appeal by the Revenue regarding the treatment of interest on Non Performing Assets (NPAs) under Section 260A of the Income Tax Act, 1961. The assessee had filed returns for AYs 2006-07, 2007-08, and 2008-09, which were scrutinized by the Transfer Pricing Officer (TPO), leading to a draft assessment order. The matter was taken to the Dispute Resolution Panel (DRP) and the Income Tax Appellate Tribunal (ITAT), where the assessee received substantial reliefs. The Revenue argued that the assessee, as per the obligation under Section 209 of the Companies Act, 1956, should have reflected the interest accrued on unpaid loans (NPAs). However, the ITAT ruled in favor of the assessee, citing the decision in CIT v. Vasisth Chay Vyapar Ltd. (2011) 330 ITR 440, which the Court also found applicable. The Court noted a previous order in CIT v. GE Countrywide Consumer Financial Service Limited, where the ITAT's decision was affirmed, further supporting the assessee's position. Consequently, the Court found no substantial question of law and dismissed the appeals. This judgment primarily revolves around the interpretation and application of the Income Tax Act, 1961, concerning the treatment of interest on Non Performing Assets (NPAs). The dispute arose from the Revenue's contention that the assessee should have accounted for the interest accrued on NPAs in accordance with the Companies Act, 1956. However, the assessee successfully argued before the ITAT that its treatment of such transactions aligned with the decision in CIT v. Vasisth Chay Vyapar Ltd. (2011) 330 ITR 440, which the Court found to be relevant. Additionally, the Court referenced a previous order in CIT v. GE Countrywide Consumer Financial Service Limited, where the ITAT's decision had favored the assessee, further reinforcing the validity of the assessee's approach. The judgment highlights the importance of consistent legal interpretation and application in tax matters, emphasizing adherence to established precedents and relevant statutory provisions. In conclusion, the High Court's judgment in this case underscores the significance of legal precedent and statutory compliance in tax-related disputes. By examining the treatment of interest on Non Performing Assets (NPAs) under the Income Tax Act, 1961, the Court reaffirmed the assessee's position based on previous decisions and established legal principles. The dismissal of the appeals signifies the Court's adherence to consistent interpretation and application of the law, ensuring fair and just outcomes in tax matters.
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