2007 (8) TMI 292 - HC - Income Tax

Claim for deduction of interest on borrowed capital borrowed capital was used in purchase of agricultural land, and not for business purposes - Assessing Officer s view that the assessee has diverted its found and purchased agricultural land not for business purpose, is correct - Tribunal is legal justified in confirming the disallowance of interest

Summary

Issues:
Appeal under section 260A of Income Tax Act for Assessment Year 1989-90 - Disallowance of interest on funds diverted to purchase agricultural land.

Analysis:
The Assessing Officer disallowed interest on funds diverted to purchase agricultural land, leading to an appeal by the assessee. The Commissioner of Income Tax (Appeals) initially set aside the disallowance, but the Tribunal, upon further appeal by the Department, reinstated the disallowance. The main issue raised was whether the Tribunal was legally justified in confirming the disallowance of interest at Rs. 87,064.

The assessee argued that there was no diversion of funds, stating that sufficient funds were available to purchase the agricultural land. However, the Assessing Officer found that the land was purchased using an overdraft from the bank, leading to the disallowance of interest on the amount spent.

The Commissioner of Income Tax (Appeals) acknowledged the initial diversion of funds for investment in agricultural land but later reversed the decision, stating that subsequent funds raised aimed to reduce the financial burden. However, the Tribunal found that there was an overdraft at the time of land purchase and insufficient evidence of available capital and reserves for the purchase.

The Tribunal's factual finding that funds were diverted for land purchase was upheld, leading to the justification of disallowing interest on the amount spent. Legal precedents cited by the appellant were deemed inapplicable to the present case, as they did not address the specific issues at hand.

In conclusion, the High Court found no merit in the appeal and upheld the Tribunal's decision to disallow interest on the amount spent to purchase agricultural land, considering it a business expenditure. The appeal was dismissed with no order as to costs.