2009 (7) TMI 34 - HC - Income Tax

Deduction Reversal of Income Earlier the assessee has booked the income on accrual basis later the agreement and contract was cancelled Accordingly assessee has reversed the income by way of entries in books of account AO has denied the deduction on account of reversal of Income which was confirmed by the CIT(A) and ITAT HC also upheld the view on the ground of issue of fact, since the assessee failed to prove documentary evidence On the issue of allowance of interest pertaining for the Year 2001-02 but deduction was claimed in the year 2002-03, HC uphold the decision of lower authority in which AO has disallowed the deduction of interest during the year 2002-03

Issues:
1. Entitlement to deduction for reversal of income based on Hire Purchase transaction.
2. Allowability of income offered in earlier year as bad debt or business loss.
3. Entitlement to deduction for interest on Inter Corporate Deposit.

Analysis:

Issue 1: Entitlement to deduction for reversal of income based on Hire Purchase transaction
The appellant claimed a deduction for the reversal of income earned on Securitisation amounting to Rs.87,89,706. The appellant entered into Hire Purchase Agreements with two parties, reflecting finance charges in its return for the year ending 31.03.2003. Subsequently, the agreements were cancelled, and the income was reversed on 30.09.2003. However, the assessing authority, Commissioner of Income Tax (Appeals), and the Tribunal all denied the deduction due to the lack of supporting documents and failure to prove the cancellation circumstances. The Tribunal upheld the lower authorities' decision, emphasizing the appellant's inability to provide necessary evidence. The High Court declined to interfere, stating that the findings were factual and did not raise any legal or substantial questions.

Issue 2: Allowability of income offered in earlier year as bad debt or business loss
Regarding the income offered in the earlier year becoming irrecoverable, the appellant sought to claim it as a bad debt or business loss. The interest on a loan borrowed to the tune of Rs.225 lakhs in the financial year 2001-2002 was paid as on 31.03.2003. The appellant argued that the interest for the period ending 31.03.2002 could not be paid as the interest rate was finalized in the financial year 2002-2003. However, the assessing authority held that the interest should have been claimed in the assessment year 2002-2003 and could not be allowed in 2003-2004. The High Court agreed with the authorities, finding no legal basis for the appellant's claim. The Commissioner of Income Tax (Appeals) and the Tribunal also upheld this decision.

In conclusion, the High Court dismissed the appeal, stating that the appellant failed to establish a legal basis for the deductions sought in both issues. The court upheld the decisions of the lower authorities and the Tribunal, emphasizing the lack of legal grounds to entertain the appeal.

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