2018 (10) TMI 505 - HC - Income Tax

Disallowance u/s 36(1)(iii) - interest incurred for the purpose of making investments in subsidiary companies - Held that - The Tribunal correctly affirmed findings of the Commissioner of Income Tax (Appeals) deleting addition made by the Assessing Officer as being contrary to law and in particular Section 36(1)(iii) of the Act. The Tribunal observed that investment in subsidiaries/ joint venture companies was one of the main objects of the respondent-assessee and hence expenditure in the nature of interest incurred for the purpose of making investments cannot be disallowed under Section 36(1)(iii) of the Act. Apart from the incongruities in the reasoning and calculations made by the Assessing Officer referred to in the order of the Commissioner of Income Tax (Appeals), which have been accepted by the Tribunal, the issue raised is covered against the Revenue by the decision of the Supreme Court in S.A. Builders Limited versus Commissioner of Income Tax and Another, (2006 (12) TMI 82 - SUPREME COURT) - decided against revenue

Summary

Issues:
1. Addition to the opening balance of paid-up share capital.
2. Investment in shares of group companies and unsecured loans.
3. Disallowance of interest paid as a deduction under Section 36(1)(iii) of the Income Tax Act.
4. Investments in subsidiaries and joint venture companies.
5. Applicability of legal precedents to the case.

Analysis:
1. The case involved an appeal by the Revenue regarding an addition made to the opening balance of the paid-up share capital of the respondent-assessee. The respondent had invested in shares of group companies and taken unsecured loans, leading to the addition of a significant amount to the share capital.
2. The Assessing Officer observed that the respondent had maintained a common account for both borrowed and capital funds, resulting in the addition to the share capital. The respondent argued that making investments was part of its business activities, especially in the hospitality and hotel management sector. The Commissioner of Income Tax (Appeals) agreed with the respondent, highlighting the investments made and loans extended to subsidiary companies.
3. The Tribunal upheld the findings of the Commissioner of Income Tax (Appeals) and deleted the addition made by the Assessing Officer. The Tribunal noted that the respondent's investment in subsidiaries was a key business objective, and therefore, the interest incurred for making investments could not be disallowed under Section 36(1)(iii) of the Act.
4. The Tribunal also referenced legal precedents, including the Supreme Court's decision in S.A. Builders Limited, emphasizing that expenditure incurred for commercial expediency should be allowed as a deduction. The Tribunal pointed out that the Assessing Officer's reliance on certain judgments was misplaced, as they had been overruled by the Supreme Court.
5. Ultimately, the Tribunal concluded that the issue was adequately covered by the Supreme Court decisions, and no substantial question of law arose for consideration. As a result, the appeal was dismissed, affirming the decision in favor of the respondent-assessee.