2016 (4) TMI 699 - AT - Income Tax

Disallowance of interest expenses - Held that - Once it is established that there is nexus between expenditure and the purpose of business which need not necessarily be the business of the assessee itself the revenue cannot justifiably claim to put itself in the arm-chair of businessman or in position of Board of Directors and assume role to decide how much is reasonable expenditure having regard to the circumstances of case. No businessman can be compelled to maximize his profit and that the revenue authorities must put themselves in the shoes of the assessee and see how a prudent businessman would act. Considering the fact that the assessee has made land business profit of 5.45 crores in the light of the ratio laid down in the case of Hero Cycles (P) Ltd. 2015 (11) TMI 1314 - SUPREME COURT OF INDIA . We do not find any merit in making the addition on account of loss of interest @ 6% we accordingly set aside the findings of the ld. CIT(A) and direct the A.O to delete the addition - Decided in favour of assessee

Summary

Issues Involved:
1. Disallowance of interest expenses of Rs. 48,74,798.
2. Deletion of disallowance of interest of Rs. 24,30,996.
3. Addition of Rs. 74.5 lakhs in the hands of the assessee relating to the purchase of land.

Issue-wise Detailed Analysis:

1. Disallowance of Interest Expenses of Rs. 48,74,798:

The sole grievance of the assessee relates to the disallowance of interest expenses amounting to Rs. 48,74,798. The Assessing Officer (A.O) noted that the assessee received interest at 6% from RJD Impex amounting to Rs. 48,74,798, while it charged 12% interest on loans and advances to other entities. The A.O opined that by charging a lower rate of interest, the assessee incurred a revenue loss of Rs. 48,74,798 and thus disallowed this amount.

The assessee argued that the lower interest rate was due to commercial expediency, as it facilitated the sale of land investments. The CIT(A) did not find a business nexus with RJD Impex and confirmed the disallowance. However, upon appeal, it was highlighted that the transactions with RJD Impex were commercially beneficial, leading to significant profits in land dealings. The Tribunal referenced the Supreme Court's observations in Hero Cycles (P) Ltd. and concluded that the revenue cannot dictate business decisions or compel profit maximization. Hence, the Tribunal directed the A.O to delete the addition of Rs. 48,74,798.

2. Deletion of Disallowance of Interest of Rs. 24,30,996:

The A.O disallowed Rs. 24,30,996 on account of interest paid to Rajeev Enterprise, assuming the funds were used for non-business purposes. The assessee clarified that the funds were utilized for various business activities, including land trading and financing, which generated substantial income.

The CIT(A) found that the funds from Rajeev Enterprise were indeed used for business purposes and not diverted elsewhere. The Tribunal upheld this finding, noting that the funds were used for other business activities of the assessee, thus affirming the deletion of the disallowance of Rs. 24,30,996.

3. Addition of Rs. 74.5 Lakhs in the Hands of the Assessee Relating to the Purchase of Land:

The A.O added Rs. 74.5 lakhs to the assessee's income, believing that the actual sale consideration for a land purchase was Rs. 210 lakhs instead of Rs. 61 lakhs, based on a statement from a search action. The assessee contended that the land was purchased from Shri Hemendra Shah for Rs. 64.65 lakhs, and there was no evidence of any additional cash payment.

The CIT(A) examined the sequence of events and found no evidence supporting the A.O's claim that the assessee paid Rs. 210 lakhs. The land was sold to the assessee by Shri Hemendra Shah, who had legal power of attorney from the original owner. The CIT(A) concluded that the documented price was Rs. 64.65 lakhs, and there was no proof of any cash component over the cheque payments. The Tribunal agreed with the CIT(A)'s well-reasoned and evidence-backed findings, dismissing the revenue's appeal on this ground.

Conclusion:

The Tribunal allowed the assessee's appeal regarding the disallowance of Rs. 48,74,798 and upheld the CIT(A)'s deletion of the disallowance of Rs. 24,30,996. It also dismissed the revenue's appeal concerning the addition of Rs. 74.5 lakhs, affirming the CIT(A)'s factual findings and legal reasoning. The detailed analysis and reliance on documentary evidence and legal precedents were crucial in these determinations.