2021 (5) TMI 787 - AT - Income Tax

Disallowing of finance charges - taxpayer as well as its group companies had taken recourse to accommodation entries only - HELD THAT - We find no merit in Revenue s foregoing arguments challenging lack of bonafides on assessee s part in raising the impugned finance charges claim. It has already come on record that this tribunal s co-ordinate bench s decision(s) in assessee s very group concern s appeals has already declined Revenue s very argument in the order dt.26-11-2014. Learned co-ordinate bench rather gave a categorical finding that the said group entity had duly supported the impugned financial charges by banks and other institutes certificates. We thus find no reason to adopt a different approach in instant lis raising the very aspect of suspicious circumstances. The CIT(A) s action affirming the impugned finance charges disallowance stands reversed therefore. Assessee s appeal is allowed.

Summary

Issues:
1. Disallowance of finance charges in the assessment under the Income Tax Act, 1961 for AY.2011-12.

Detailed Analysis:

Issue 1: Disallowance of Finance Charges
The assessee's appeal for AY.2011-12 arose from the CIT(A)-2, Hyderabad's order dated 28-03-2016. The primary grievance raised by the assessee was the disallowance of finance charges amounting to ?1,81,07,126. The Assessing Officer contended that the taxpayer and its group companies engaged in accommodation entries only, leading to the disallowance. The CIT(A) upheld the AO's decision due to the lack of cogent evidence presented by the assessee to rebut the AO's conclusions. The CIT(A) emphasized the importance of circumstantial evidence and human probability in evaluating cases. The assessee's business activities, financial records, and lack of supporting evidence regarding transactions with group companies were scrutinized. The AO highlighted discrepancies in the assessee's documentation, lack of evidence on procurement and delivery processes, and absence of material handling charges debited. The AO raised concerns about the authenticity of transactions facilitated through bank instruments like letter of credit (LC). The CIT(A) concluded that no genuine purchase and sale transactions occurred, justifying the disallowance of finance charges. The CIT(A) referenced a previous case involving a group entity where similar disallowance was upheld, rejecting the Revenue's challenge on bonafides.

In a detailed analysis, the Tribunal found no merit in the Revenue's arguments against the finance charges disallowance. Referring to a previous decision involving a group concern, the Tribunal noted that the impugned financial charges were adequately supported by banks and financial institutions, contrary to the Revenue's suspicions. The Tribunal upheld the CIT(A)'s decision to reverse the disallowance of finance charges, as the grounds raised by the Revenue lacked substance. Consequently, the assessee's appeal was allowed, and the order was pronounced on 20th May 2021.

This judgment showcases the significance of providing substantial evidence to support financial claims, the evaluation of circumstantial evidence in tax assessments, and the application of legal principles established by previous court decisions. The case emphasizes the need for transparency and documentation in financial transactions to avoid disallowances and challenges by tax authorities.