2017 (8) TMI 1241 - AT - Income Tax

Disallowance of interest u/s 40(a)(ia) - to non deduction of tax - Held that - CIT(A) deleted the dis-allowance by observing that, the AO had already applied his mind in disallowing the entire interest at the time of original assessment and therefore now he cannot resort to reopening u/s 147 to disallow the amount same, though on a different premise, which he had not resorted to at the time of original assessment. In the first assessment proceedings u/s 143(3) of the Act the entire amount of interest of ₹ 1,84,91,00,000/- has already been disallowed by the A.O. we feel there is no need for any further disallowance u/s 40(a)(ia) of the Act to the same amount again. Therefore, the A.O. is not justified to add back the same to the total income of the assessee. In the result the grounds of appeal of the Revenue are dismissed.

Summary

Issues:
1. Validity of reopening of assessment u/s 147
2. Disallowance of interest under section 40(a)(ia)

Issue 1: Validity of reopening of assessment u/s 147

Analysis:
The case involved a dispute regarding the validity of the reopening of the assessment under section 147 of the Income Tax Act. The Assessing Officer (AO) reopened the case based on the non-deduction of tax at source on interest paid to a bank. The AO contended that the interest amount should have been disallowed under section 40(a)(ia) of the Act. However, the Commissioner of Income Tax (Appeals) observed that the entire interest amount had already been disallowed during the original assessment proceedings. The AO's attempt to disallow the same amount again through reopening was deemed unjustified. The Commissioner highlighted that the AO's action constituted a change in opinion, which is impermissible under the law. Citing the Supreme Court's ruling in Kelvinator India Ltd case, it was established that the AO cannot rectify past mistakes through section 147. Consequently, the Commissioner ruled in favor of the assessee, stating that there was no escapement of income chargeable to tax under section 147.

Issue 2: Disallowance of interest under section 40(a)(ia)

Analysis:
The dispute also revolved around the disallowance of interest under section 40(a)(ia) of the Income Tax Act. The AO disallowed the interest paid to the bank as tax deduction at source (TDS) was not made. Subsequently, the assessee appealed against this disallowance, presenting written submissions and case laws in support of their position. The First Appellate Authority, after considering the arguments, allowed the appeal of the assessee. The Revenue, dissatisfied with this decision, appealed before the Appellate Tribunal. However, the Tribunal upheld the decision of the First Appellate Authority, stating that since the entire interest amount had already been disallowed in the original assessment, there was no need for further disallowance under section 40(a)(ia). Consequently, the Tribunal dismissed the appeal of the Revenue, affirming the order of the First Appellate Authority.

In conclusion, the Appellate Tribunal upheld the decision of the First Appellate Authority, ruling in favor of the assessee on both issues. The Tribunal found the reopening of assessment under section 147 unjustified and dismissed the appeal of the Revenue regarding the disallowance of interest under section 40(a)(ia).