9911796707
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Issues Involved:
1. Non-reduction in interest income for assessment years 1988-89 and 1989-90. 2. Deletion of reversal of interest income for assessment year 1990-91. 3. Disallowance of interest expenditure for assessment years 1990-91 and 1991-92. Detailed Analysis: 1. Non-reduction in Interest Income for Assessment Years 1988-89 and 1989-90: The assessee argued that interest income of Rs. 46,100 for 1988-89 and Rs. 72,901 for 1989-90 should be reduced as per the terms and conditions imposed by the State Industrial and Investment Corporation of Maharashtra Ltd. (SIICOM) while sanctioning a term loan to Super Milk Makers (P) Ltd. (SMMPL). The assessee claimed that they had to provide finance as a promoter without charging interest or at a lower rate. However, the CIT(A) confirmed the non-reduction of interest income based on detailed findings given in the appeal order for assessment year 1990-91. The Tribunal upheld the CIT(A)'s decision, stating that the interest income had already accrued and was accounted for in the books of both the assessee and SMMPL, including TDS deductions. The Tribunal found no merit in the assessee's grounds for these years, except for the exclusion of Rs. 36,589 in 1989-90, which was part of the interest income upheld for 1988-89. 2. Deletion of Reversal of Interest Income for Assessment Year 1990-91: The Revenue contested the CIT(A)'s deletion of Rs. 1,26,511, which was the reversal of interest income charged from SMMPL in previous years. The Tribunal concluded that the reversal of interest income in subsequent years could not justify the deletion of the amount of disallowance/addition made by the AO. The Tribunal set aside the CIT(A)'s relief and restored the AO's order, emphasizing that the interest income had accrued and was accounted for in the relevant years, and subsequent reversal entries did not negate the initial accrual of income. 3. Disallowance of Interest Expenditure for Assessment Years 1990-91 and 1991-92: The Revenue argued that the assessee, being a finance company, could not claim interest expenditure on borrowed funds used to provide interest-free or lower-interest loans to SMMPL. The AO had disallowed interest expenditure of Rs. 3,57,750 for 1990-91 and Rs. 4,17,000 for 1991-92. However, the CIT(A) deleted these disallowances, stating that promoting another company was part of the assessee's business activities as per its memorandum of association. The Tribunal upheld the CIT(A)'s decision, agreeing that the borrowings were for business purposes and that the assessee's investment in SMMPL was a business activity. The Tribunal found the CIT(A)'s reasons convincing and did not interfere with the deletion of disallowances. Conclusion: (i) Assessee's appeal for assessment year 1988-89 was dismissed. (ii) Assessee's appeal for assessment year 1989-90 was partly allowed. (iii) Revenue's appeal for assessment year 1990-91 was partly allowed. (iv) Revenue's appeal for assessment year 1991-92 was dismissed.
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