2017 (9) TMI 180 - AT - Income Tax

Interest payment on second loan is allowable expenditure u/s 24 - Income from house property (Rent) - loan taken for repayment of the old loan taken for the purpose of construction of the property - Held that - Undisputedly, as per CBDT Circular No.28 dated 20.08.1969 if the loan taken has been used exclusively to repay the original/old loan for construction/acquisition of the property, interest paid on the second loan would be allowed as deduction under section 24(1)(vi) of the Income-tax Act, 1961. Thus the assessee company is entitled for deduction of amount of ₹ 45,95,00,961/- paid as interest on loan availed of from ICICI Bank to repay the old existing loan taken for the purpose of construction/acquisition of the property from M/s. DLF Limited and M/s. DLF Universal Limited, however subject to the verification of the facts by the AO. So, we hereby allow the appeal filed by the assessee by setting aside the impugned order.

Summary

Issues involved:
1. Disallowance of interest expenses paid to ICICI Bank by the Assessing Officer.
2. Appeal against the order passed by the Commissioner of Income-tax (Appeals)-XVIII, New Delhi.
3. Interpretation of provisions of law regarding loan repayment and interest deduction under the Income Tax Act, 1961.

Detailed Analysis:
1. The appellant, M/s. DLF Emporio Limited, contested the addition of ?45,95,00,961 made by the Assessing Officer for interest paid to ICICI Bank towards a loan. The appellant argued that the interest was for repaying an existing loan taken for construction of property from DLF Limited and DLF Universal Limited. The appeal challenged the decision of the Commissioner of Income-tax (Appeals) confirming the addition. The grounds of appeal highlighted errors in law and misinterpretation of facts by the authorities.

2. The Assessing Officer disallowed the interest expenses, following a previous decision for AY 2009-10, and added it to the income under the head 'Income from house property.' The appellant then approached the Commissioner of Income-tax (Appeals) who upheld the decision based on the precedent set in AY 2009-10. Subsequently, the matter was brought before the Tribunal for review.

3. The Tribunal analyzed the facts and arguments presented by both parties. The appellant's representative cited previous tribunal decisions in the appellant's favor. The key question for determination was whether the interest payment of ?45,95,00,961 was related to a loan taken for repayment of an old loan for property construction from DLF Limited and DLF Universal Limited. The Tribunal referred to a CBDT Circular and a previous tribunal decision to ascertain the admissibility of interest deduction under section 24(1)(vi) of the Income Tax Act, 1961.

4. The Tribunal noted that the loan should be used exclusively to repay the original loan for construction/acquisition of the property for the interest to be deductible. The Tribunal referred to a previous decision in the appellant's case where it was held that if the interest was paid on fresh loans taken for the repayment of the original loan for property acquisition/construction, it should be admissible for deduction under section 24(b) of the Act. The Tribunal emphasized the importance of verifying all relevant facts before making a decision.

5. Ultimately, the Tribunal allowed the appeal filed by the assessee, setting aside the impugned order. The Tribunal held that the appellant was entitled to a deduction of the interest paid to ICICI Bank for repaying the old loan taken for property construction/acquisition from DLF Limited and DLF Universal Limited, subject to verification by the Assessing Officer. The decision was based on the need for complete verification of facts before making a final determination.