2008 (6) TMI 209 - HC - Income Tax

Disallowance of proportionate interest on the sum advanced by the assessee to the partners as interest-free loans - Tribunal has not gone into the question whether borrowals were justified when the assessee had funds with it. The assessee was well aware of the maturity of the deposit and they could have easily limited the borrowals in such a way so that interest for the deposit amount is avoided after its maturity. The assessee, which advanced its funds as interest-free loans to the partners, has no justification to claim interest on borrowals on so much of amount. It cannot be denied by the assessee that the funds reaching its hands on maturity of deposits could not be utilised for its own business purposes - we reverse the order of the Tribunal and the first appellate authority and restore the assessment on disallowance

Summary

Issues:
1. Bogus purchases accounted as excess driage for copra purchased and crushed in the assessee's mill.
2. Disallowance of proportionate interest on the sum advanced by the assessee to the partners as interest-free loans.

Analysis:

Issue 1:
The first issue in this appeal pertains to the bogus purchases accounted as excess driage for copra purchased and crushed in the assessee's mill. The Department raised concerns regarding the transactions between the assessee and its sister concern, alleging unaccounted transactions and bogus purchases. The Tribunal declined to remand the matter for reconsideration, despite the regular assessment in the sister concern's case being remanded. The High Court held that the Tribunal should have remanded the case for reconsideration, as the assessment in the assessee's case was protective. Therefore, the matter was remanded to the Assessing Officer for further review in light of the findings in the sister concern's case, allowing the assessee to raise all contentions on the merits.

Issue 2:
The second issue raised in this appeal concerns the disallowance of proportionate interest on the sum advanced by the assessee to the partners as interest-free loans. The Assessing Officer disallowed the proportionate interest, stating that the partners had siphoned off a sizable amount for personal needs. However, the Commissioner of Income-tax (Appeals) allowed the claim, noting that the funds were not from borrowed capital. The Tribunal upheld this decision, citing surplus reserves in the firm at the end of the previous year. The High Court, referencing previous judgments, found that the disallowance of proportionate interest on interest-free advances to partners was justified. Therefore, the Court reversed the Tribunal's order and reinstated the assessment on disallowance of proportionate interest.

In conclusion, the High Court remanded the first issue for reconsideration and upheld the disallowance of proportionate interest on interest-free advances to partners in the second issue, reversing the Tribunal's decision on both counts.