2015 (7) TMI 1446 - HC - Income Tax

Disallowance of amortized swap cost on unmatured contracts - applicability of the provisions of Section 14A to the interest received by the Indian branches HELD THAT - The appeal is admitted on the following substantial questions of law (I) Whether on the facts and in the circumstances of the case and in law the Income Tax Appellate Tribunal (the Tribunal) is justified in disallowing an amount of Rs. 73, 21, 896/ being amortized swap cost on unmatured contracts as on 31 March 1998? (II) Whether on the facts and in the circumstances of the case and in law the Tribunal is justified in admitting the additional ground raised by the respondent on the applicability of the provisions of Section 14A of the Act on interest received by the Indian branches of the appellant from its Head Office? (III) Whether on the facts and in the circumstances of the case and in law the Tribunal is justified in holding that the provisions of Section 14A of the Act are applicable in relation to the interest received by the Indian branches of the appellant from its Head Office?

Summary

The Bombay High Court, in an appeal concerning Assessment Year 1998-99, admitted three substantial questions of law: (I) whether the Income Tax Appellate Tribunal (Tribunal) was justified in disallowing Rs. 73,21,896 as amortized swap cost on unmatured contracts as of 31 March 1998; (II) whether the Tribunal properly admitted an additional ground raised by the respondent regarding the applicability of Section 14A of the Income Tax Act to interest received by the appellant's Indian branches from its Head Office; and (III) whether the Tribunal correctly held that Section 14A applies to such interest. The appeal focuses on the legal correctness of the Tribunal's disallowance and its interpretation of Section 14A in this context.