2022 (4) TMI 324 - AT - Income Tax

Disallowance u/s 10(25) - Claim of interest income disallowed approval granted by the Competent Authority under section 10(25)(iv) was not filed by the assessee - HELD THAT - If an assessee fulfils the conditions contemplated in the above clause, then it will not be included in the total income. As observed by AO the assessee failed to submit the requisite certificate issued by the Competent Authority in order to claim the exemption of the interest income. We have perused the balance-sheet of earlier years and subsequent years. We have perused the LIC Certificate available. A perusal of all these documents would reveal that the assessee has erroneously calculated the alleged interest income which is not supported by any documentary evidence. On the other hand, the interest income discernable from the LIC Certificate is of a lesser amount. Therefore, we deem it appropriate to remit this issue to the file of the Assessing Officer for a fresh adjudication. AO would calculate the interest income earned by the assessee-Trust and thereafter make a disallowance. While doing so, ld. AO will grant sufficient opportunity of hearing to the assessee. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
Disallowance of claimed amount under section 10(25) of the Income Tax Act.

Issue Analysis:
The assessee appealed against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance of ?94,98,828 claimed under section 10(25) of the Income Tax Act for the assessment year 2016-17. The Assessing Officer disallowed the claim as the assessee failed to submit the approval granted by the Competent Authority under section 10(25)(iv) of the Income Tax Act. The assessee, through its counsel, admitted the inability to provide the certificate but argued that the Trust had invested its Provident Fund in LIC, supported by a certificate from LIC showing the fund's value and interest income. The Tribunal noted discrepancies in the interest income claimed and the LIC certificate, leading to a decision to remit the issue back to the Assessing Officer for a fresh adjudication. The Assessing Officer was directed to calculate the actual interest income and make a disallowance after providing a hearing to the assessee.

This judgment primarily revolves around the disallowance of a claimed amount under section 10(25) of the Income Tax Act. The assessee's appeal was based on the contention that the Commissioner of Income Tax (Appeals) erred in confirming the disallowance of ?94,98,828 for the assessment year 2016-17. The Assessing Officer's decision to disallow the claim was based on the absence of the requisite certificate issued by the Competent Authority under section 10(25)(iv) of the Income Tax Act. The assessee, acknowledging the inability to provide the certificate, argued that the Trust had invested its Provident Fund in LIC, supported by a certificate from LIC indicating the fund's value and interest income. The Tribunal observed discrepancies between the claimed interest income and the LIC certificate, leading to a decision to remit the issue back to the Assessing Officer for a fresh adjudication. The Assessing Officer was instructed to calculate the actual interest income earned by the assessee-Trust and make a disallowance after granting a hearing to the assessee for a fair assessment.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, remitting the issue of the disallowed amount under section 10(25) of the Income Tax Act back to the Assessing Officer for a fresh adjudication. The decision was made after considering the arguments presented by the assessee's counsel regarding the investment of the Trust's Provident Fund in LIC and discrepancies in the claimed interest income. The Tribunal emphasized the importance of providing a fair opportunity of hearing to the assessee during the reassessment process to ensure a proper calculation of the interest income and subsequent disallowance in accordance with the Income Tax Act.