2010 (8) TMI 1179 - AT - Income Tax

Summary

Issues involved: Appeal against order of Learned Commissioner of Income Tax (Appeals) involving disallowance under section 40A(2)(b) and depreciation on motor car.

Issue 1 - Disallowance under section 40A(2)(b):
The assessee appealed against the disallowance of interest paid to relatives under section 40A(2)(b). The Assessing Officer noted interest payment discrepancies between relatives and outsiders, leading to disallowance. The appellant argued that interest rate was justified based on bank rate and nature of loans. The Commissioner upheld the disallowance citing excess interest payment and lack of benefit to the assessee. On further appeal, it was argued that interest rate was reasonable compared to bank loan rates. The Tribunal found the interest rate not excessive, considering actual borrowed amount and prevailing market rates, thus deleting the disallowance.

Issue 2 - Depreciation on motor car:
The appellant contested the disallowance of depreciation on a motor car for personal use. The Tribunal noted that only actual depreciation allowed can be reduced for subsequent year's written down value. As there was no dispute on the written down value, the Tribunal dismissed the appeal for seeking a direction on subsequent year's depreciation. The appeal was partly allowed.

This judgment highlights the assessment of interest disallowance under section 40A(2)(b) based on market rates and loan nature, and the treatment of depreciation on a motor car for personal use.