2003 (4) TMI 228 - AT - Income Tax

Summary

Issues involved:
Prima facie adjustment of interest debited but not paid under s. 143(1)(a) of the Act for asst. yr. 1996-97.

Analysis:
The appeal was filed against the order passed by the CIT(A) related to the adjustment of Rs. 18,35,000 on account of interest debited but not paid during the relevant year. The AO invoked s. 43B of the Act to make the adjustment, specifically mentioning interest payable to a particular entity. The CIT(A) upheld the AO's action based on the tax audit report and annual accounts. However, the Tribunal found that s. 43B allows disallowance only if interest payable during the year is not paid, based on the terms of the agreement. The Tribunal noted that without information on when the interest was payable during the year, s. 43B(d) cannot be invoked. It emphasized that in proceedings under s. 143(1)(a), adjustments cannot go beyond the return of income or accompanying documents. The AO should have issued notices under different sections to gather evidence instead of making prima facie adjustments. The Tribunal referred to a previous case to support its decision. Consequently, the AO's adjustment was deemed unjustified, and the appeal was allowed, directing the AO to modify the intimation accordingly.