2016 (5) TMI 399 - HC - Income Tax

Disallowance of interest under section 36(1)(iii) - Held that - In the light of the judgment of the Apex Court in Hero Cycles (P) Limited vs. CIT, Ludhiana, (2015 (11) TMI 1314 - SUPREME COURT OF INDIA ) and judgment of this Court in Commissioner of Income Tax vs. Kapsons Associates, (2015 (8) TMI 1277 - PUNJAB AND HARYANA HIGH COURT ) the matter is remanded to the Tribunal to decide afresh in accordance with law. In Hero Cycles (P) Limited s case (supra), the Apex Court was considering the issue with regard to interest on borrowed capital (interest free loans). It was held that once it is established that there is nexus between the expenditure and purpose of business, revenue cannot justifiably claim to put itself in 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 the case

Summary

Issues Involved:
Delay in re-filing the appeal condoned; Disallowance of interest under Section 36(1)(iii) of the Income Tax Act, 1961.

Analysis:
1. Delay in Re-filing the Appeal:
The judgment begins by condoning the delay in re-filing the appeal, setting the stage for the main issue at hand.

2. Disallowance of Interest under Section 36(1)(iii) of the Income Tax Act:
The main issue in this case revolves around the disallowance of interest claimed by the assessee under Section 36(1)(iii) of the Income Tax Act, 1961. The appellant-assessee filed an appeal against the order of the Income Tax Appellate Tribunal, which disallowed an amount on account of interest claimed under this section. The Assessing Officer disallowed the interest amount as the assessee had given interest-free advances to its sister concern without ascertaining the use of these funds. The Commissioner of Income Tax (Appeals) and the Tribunal upheld this disallowance, leading to the current appeal.

3. Legal Precedents and Principles:
The judgment cites legal precedents to guide the decision-making process. Referring to the judgment in Hero Cycles (P) Limited vs. CIT, Ludhiana, the court emphasizes the importance of establishing a nexus between expenditure and the purpose of business to determine the allowability of expenses. The judgment highlights that the Revenue cannot dictate what constitutes reasonable expenditure for a business and must consider commercial expediency. The court also mentions the decision in Commissioner of Income Tax vs. Kapsons Associates, which further clarifies the treatment of interest-free advances and funds.

4. Remand to the Tribunal:
In light of the legal principles discussed and the precedents cited, the court remands the matter to the Tribunal for a fresh decision. The court directs the Tribunal to reconsider the case after hearing both parties and in accordance with the law. The appeal is disposed of with this decision.

In conclusion, the judgment addresses the delay in re-filing the appeal and delves into the core issue of disallowance of interest under Section 36(1)(iii) of the Income Tax Act, 1961. By citing relevant legal precedents and principles, the court provides a comprehensive analysis leading to the remand of the matter to the Tribunal for a fresh decision.