2016 (11) TMI 950 - AT - Income Tax

Addition u/s 36 - Held that - The assessee had sufficient interest-free funds to make investment in the group companies. Hon ble Supreme Court in the case of Hero Cycles Pvt. Ltd. v. CIT 2015 (11) TMI 1314 - SUPREME COURT OF INDIA has held that where the investments has been made out of own funds/non-interest bearing funds, the disallowance under section 36(1)(iii) is not allowed. - Decided in favour of assessee

Summary

Issues:
- Disallowance of proportionate interest amount under section 36(1)(iii) on investments made in sister concerns.
- Confirmation of disallowance of interest expenditure debited in the profit and loss account.
- Consideration of business expediency for investments.
- Applicability of judgments by higher courts in similar cases.

Analysis:
- The appeals were filed against separate orders for the assessment years 2012-13 and 2010-11, with a common issue. The disallowance of interest under section 36(1)(iii) on investments in sister concerns was contested.
- The Assessing Officer disallowed bank interest due to substantial investments in share application money/advances without recovering interest. The Commissioner of Income-tax (Appeals) upheld this action, emphasizing lack of business purpose for the investments.
- The appellant argued that investments were made for business expediency, citing self-owned funds and business interests in sister concerns. They challenged the reliance on judgments like Abhishek Industries, claiming overruling by higher courts.
- The Tribunal found sufficient non-interest borrowing funds available for investments in sister concerns, supporting the appellant's position. They noted the overruling of previous judgments by higher courts, allowing deductions for investments made from own funds.
- Relying on the decisions of higher courts, the Tribunal allowed the appeals, overturning the disallowances made by the Commissioner of Income-tax (Appeals) for both assessment years.

This detailed analysis covers the issues of disallowance of interest on investments in sister concerns, consideration of business expediency, and the applicability of relevant judgments in the legal judgment delivered by the Appellate Tribunal ITAT Amritsar.