2004 (3) TMI 311 - AT - Income Tax

Summary

Issues: Disallowance of interest amounting to Rs. 21,250

Analysis:
1. The Assessing Officer (AO) observed that two partners withdrew Rs. 2 lakhs from their capital accounts with the assessee-firm and invested it in another firm, from which the assessee-firm borrowed funds and paid interest. The AO disallowed a proportionate amount of interest, considering it a device to reduce taxable income.

2. The learned CIT(A) confirmed the disallowance but reduced it to Rs. 21,250 for the relevant accounting year. The assessee contended that the amount was withdrawn earlier and used for genuine business purposes, citing legal precedents to support the claim that tax-saving transactions are not necessarily colorable devices.

3. The ITAT found that the borrowed funds were for business purposes, and there was no dispute regarding the genuineness of the transaction. The ITAT emphasized that reducing tax liability does not automatically make a transaction colorable, citing the Supreme Court's decision in Azadi Bachao Andolan. Therefore, the disallowance was deemed unjustifiable and deleted.

4. The ITAT highlighted the importance of consistency in assessing the same assessee from year to year unless there are substantial reasons to deviate. Noting that no disallowance was made in the previous year and considering the genuine business purpose of the transaction, the ITAT allowed the appeal, overturning the disallowance of interest amounting to Rs. 21,250 for the year under consideration.