2018 (5) TMI 1092 - HC - Income Tax

Additions u/s 68 - Disallowance of interest income - loan transaction itself was not genuine - Held that - AO and CIT(Appeals) had correctly come to the conclusion that loan transaction itself was not genuine, the question of recognizing interest expenditure on such loan transaction would not arise. Had the Tribunal disturbed such findings and thereafter given the relief to the assessee, the issue would stand on a different footing. Instead the Tribunal merely proceeded on its declaration for the earlier assessment years that the addition under section 68 would not survive since it was not relatable to any material found during the search. Tribunal s findings and conclusions for the earlier years concerning the assessments under section 153A were independent and severable from the exercise undertaken by the AO for the current assessment year 2010-2011 during the course of scrutiny assessment under section 143(3). AO had come to independent findings which were confirmed by CIT(Appeals). The Tribunal had not disturbed these findings. Deletion of disallowance of interest was therefore, not correct. - Decided in favour of revenue

Summary

Issues:
1. Disallowance of interest income for the assessment year 2010-2011 based on the genuineness of loan transaction.

Analysis:
The High Court considered the appeal filed by the department regarding the disallowance of interest income for the assessment year 2010-2011. The Assessing Officer had disallowed interest payment based on the belief that the loan transaction was not genuine. The CIT(Appeals) confirmed this disallowance. However, the Tribunal reversed the decision, citing that the legality of the loan transactions was already decided against the Revenue in earlier assessment years not related to the search operation. The Revenue appealed this decision.

The department argued that the Tribunal erred in disregarding the findings of the Assessing Officer and CIT(Appeals) for the current assessment year. They claimed that the Tribunal's decision was based on the absence of material found during the search in earlier years, which should not affect the current assessment year's findings. On the other hand, the assessee contended that they had fulfilled their burden under section 68 of the Act and should not be required to prove the source of the source.

The High Court noted that the assessments under section 153A of the Act for earlier years were distinct from the assessment for the current year. While the Tribunal was justified in deleting additions for earlier years not supported by search material, the Assessing Officer had independently concluded that the loan transaction for the current year was not genuine. The CIT(Appeals) reaffirmed this view. The Tribunal's decision to delete the disallowance of interest income was deemed incorrect as it did not disturb the findings of the Assessing Officer and CIT(Appeals) for the current assessment year. Therefore, the High Court ruled in favor of the Revenue, reversing the Tribunal's judgment and allowing the Tax Appeal.

In conclusion, the High Court reversed the Tribunal's decision regarding the disallowance of interest income for the assessment year 2010-2011, emphasizing the independent nature of the findings for the current year compared to earlier assessment years not related to the search operation.