2018 (12) TMI 1565 - AT - Income Tax

Addition on account of notional interest income on the loan given - Assessee s alternate ground that interest may be levied @ 6.75% - Held that - Fact remains that the impugned Loan Restructuring Agreement was not examined by the lower authorities and was rejected on a pre-conceived notion of it being a colourable device to avoid tax. We also note that the lower authorities have not considered and verified the assessee s contention that the impugned loan was given out of reserves and interest free funds of the assessee company. It is also seen that the Ld. CIT (Appeals) has, without assigning any cogent reasoning, summarily dismissed the assessee s alternate ground that interest may be levied @ 6.75%. Therefore we deem it appropriate to restore the issue to the office of the Assessing Officer to adjudicate the issue afresh in accordance with law after duly considering the contents of the original loan agreement as well as the loan restructuring agreement. The assessee will be at liberty to file evidences before the AO in support of its claim. The Assessing Officer shall also duly consider the alternate argument of the assessee that an interest rate of 6.75% may be applied - Appeal of the assessee stands partly allowed for statistical purposes.

Summary

Issues Involved:
1. Addition of notional interest income on a loan
2. Disallowance of advance given for business purposes
3. Disallowance of prior period expenses

Issue 1: Addition of Notional Interest Income on a Loan

The assessee, a non-banking finance company, challenged the addition of notional interest income on a loan given to another company. The loan was restructured due to the borrower's financial difficulties, resulting in no interest being charged from a certain date. The Assessing Officer and the Ld. Commissioner of Income Tax (Appeals) questioned the genuineness of the restructuring agreement, suspecting it as a means to avoid tax. However, they failed to provide concrete evidence to disprove the assessee's claims. The ITAT held that the lower authorities did not properly examine the loan restructuring agreement and rejected it based on suspicion. The case was remanded back to the Assessing Officer for a fresh assessment, instructing to consider the original loan agreement, the restructuring agreement, and the source of funds for the loan. The assessee was given the opportunity to provide evidence, and the Assessing Officer was directed to consider the alternate argument of applying an interest rate of 6.75%.

Issue 2: Disallowance of Advance Given for Business Purposes

The assessee's appeal against the disallowance of an advance given for business purposes was not pressed during the proceedings. Consequently, the ITAT dismissed this issue as not pressed.

Issue 3: Disallowance of Prior Period Expenses

The assessee's appeal against the disallowance of prior period expenses was also not pressed during the proceedings. Therefore, the ITAT dismissed this issue as not pressed.

In conclusion, the ITAT partially allowed the appeal of the assessee for statistical purposes, remanding the issue of notional interest income on a loan back to the Assessing Officer for a fresh assessment. The other issues regarding the disallowance of advance for business purposes and prior period expenses were dismissed as not pressed during the proceedings.