2008 (4) TMI 230 - HC - Income Tax

Interest free loans were given by the assessee as a prudent businessman with certain commercial and business purpose in mind - Tribunal has given a finding of fact that the interest free advances of Rs.1, 54, 20, 945 given represents only 8.8% of loans aggregating to Rs.17, 52, 67, 529 - Tribunal after considering the explanation and confirmation has given a finding to the effect that the ledger accounts of the parties in the books of accounts have duly been confirmed no questions of law involved

Summary

Issues:
1. Whether notional interest should be charged on borrowed funds used for non-business purposes.
2. Whether cash deposited in a bank account is explained and should not be treated as unexplained cash credit.

Analysis:
1. The High Court considered the appeal where the revenue sought to raise substantial questions of law regarding the charging of notional interest on borrowed funds used for non-business purposes. The Tribunal's finding acknowledged that the assessee was in the business of financing, and the dispute centered around the non-charging of interest on certain amounts advanced to concerns. The Tribunal concluded that the interest-free loans were provided by the assessee with a commercial purpose in mind, and the interest-bearing funds were utilized for business activities. The Court emphasized that a businessman may not profit from every transaction, and the Tribunal's finding that interest-free advances represented a small percentage of total loans was deemed a factual observation.

2. Regarding the second issue, the assessment revealed that the assessee had deposited cash in a bank account, which was explained as an advance against the sale of air conditioning units from various parties. The Tribunal examined the explanation and confirmed ledger accounts of the parties, noting the confirmation provided in the books of accounts. These confirmations were considered factual findings, and the Tribunal concluded that there were no substantial legal questions involved. Consequently, the appeal was dismissed as lacking merit, with no costs awarded.

In summary, the High Court addressed the issues of charging notional interest on borrowed funds and the treatment of cash deposits in a bank account. The Tribunal's findings emphasized the business purpose behind interest-free loans and the explanation provided for cash deposits, leading to the dismissal of the appeal due to the absence of substantial legal questions.