2015 (10) TMI 2850 - AT - Income Tax

Addition u/s 40A - assessee had paid excessive interest - this interest was @ 12% paid to depositors who are not family members, 15% to relatives and 18% to the associated concern - AO adopted uniform interest rate in all the above three categories to be @ 15% resulting in the impugned disallowance - HELD THAT - We find that the hon ble jurisdictional high court in Sarjan Realities Ltd. 2014 (8) TMI 206 - GUJARAT HIGH COURT holds that solely because an assessee had paid an interest to different parties would not itself be a ground to come to conclusion that payment of interest to related companies at rate other than that paid to other parties was excessive and unreasonable resulting in section 40A(2)(b) addition in question. We reiterate that neither of the lower authority gives an independent finding of such an excessive component over and above the prevailing market interest rate. The Revenue fails to point out any distinction on facts or law. We accept assessee s arguments and delete the impugned addition - Assessee s appeal is allowed.

Summary

Issues:
Challenge of interest disallowance under section 40A(2)(b) of the Income Tax Act, 1961 for assessment year 2008-09.

Analysis:
The appeal before the Appellate Tribunal ITAT Ahmedabad pertained to the interest disallowance of Rs. 1,33,109/- made by both the authorities below under section 40A(2)(b) of the Income Tax Act, 1961 for the assessment year 2008-09. The Assessing Officer observed that the assessee had paid varying interest rates to different parties, including 12% to depositors who were not family members, 15% to relatives, and 18% to the associated concern. The Assessing Officer, however, disregarded the justifications provided by the assessee for the higher interest rates and invoked section 40A(2)(b) to disallow Rs. 1,33,107/- in excess of the uniform interest rate of 15% adopted by him. The CIT(A) upheld the Assessing Officer's decision.

Upon hearing both parties and reviewing the case file, the Tribunal noted that the jurisdictional high court in a previous case had held that the mere fact that an assessee paid different interest rates to various parties did not automatically justify a conclusion that the interest paid to related companies at a different rate was excessive. The Tribunal emphasized that neither the Assessing Officer nor the CIT(A) had provided an independent finding to support the conclusion that the interest paid was excessive compared to prevailing market rates. The Tribunal found no distinction in facts or law pointed out by the Revenue and accepted the arguments of the assessee, leading to the deletion of the impugned addition.

Consequently, the Tribunal allowed the assessee's appeal, thereby overturning the decision of the lower authorities and ruling in favor of the assessee. The order was pronounced in the open court on 21-10-2015.