2001 (3) TMI 234 - AT - Income Tax

Summary

Issues:
- Addition of alleged additional income by way of interest
- Disallowance of interest on interest-free loans
- Addition on account of cash credits

Analysis:

Issue 1: Addition of alleged additional income by way of interest
The appeals for the assessment years 1986-87, 1987-88, 1988-89, and 1989-90 questioned the CIT(A)'s confirmation of additions of Rs. 7,04,366, Rs. 6,45,767, Rs. 4,25,105, and Rs. 4,29,066, respectively, as alleged additional income by way of interest. The Tribunal referred to previous decisions concerning similar issues in the case of a sister concern and concluded that the disputes were covered by those decisions. Consequently, the Tribunal adjudicated the issue in favor of the assessee, ruling against the Revenue.

Issue 2: Disallowance of interest on interest-free loans
In specific appeals related to the assessment years 1988-89 and 1989-90, an additional ground was raised regarding the disallowance of interest amounting to Rs. 1,53,853 and Rs. 5,17,560, respectively, due to the assessee advancing interest-free loans from borrowings on which interest had been paid. The Tribunal noted that similar issues had been addressed in prior cases involving the sister concern and decided to set aside the matter to the AO for fresh adjudication in accordance with the law.

Issue 3: Addition on account of cash credits
One of the appeals focused on an addition of Rs. 96,461 concerning cash credits in the names of three parties. The assessee submitted affidavits and confirmations of the parties during the appeal, which were not previously furnished to the AO. Citing a similar case involving the sister concern, the Tribunal decided to send the issue back to the AO for fresh adjudication, emphasizing the need for due process and the opportunity for the assessee to be heard.

In conclusion, the first three appeals were allowed, while the fourth appeal was partly allowed for statistical purposes. The Tribunal's decisions were based on the principles of natural justice and adherence to legal procedures, ensuring fair treatment and a thorough examination of the issues raised in the appeals.