2009 (5) TMI 123 - AT - Income Tax

Summary

Issues involved:
The judgment involves cross appeals for assessment years 2003-04 and 2004-05 against the orders of the Commissioner of Income-tax (Appeals)-II, Kochi, related to disallowance of interest under section 14A and delayed remittance of employees' contributions to provident fund and Employees' State Insurance.

Assessment year 2003-04:
- The first ground raised by the assessee is the disallowance of interest under section 14A.
- The Tribunal considered the retrospective applicability of section 14A(2) and (3) and directed the Assessing Officer to reconsider the issue in light of the rules framed, allowing for disallowance if direct or indirect expenditure was incurred in earning exempted income.
- The second ground concerns the disallowance of delayed remittance of employees' provident fund contributions.
- The Tribunal held that the expenses claimed by the assessee should be allowed under section 43B, as per relevant legal precedents, and directed the Assessing Officer to give deduction for the amount.

Assessment year 2004-05:
- The first ground is the disallowance of interest income under section 14A, similar to the issue in the previous assessment year, which was remitted back to the Assessing Officer for reconsideration.
- The second ground relates to the disallowance of delayed remittance of employees' provident fund contributions, which the Tribunal directed to be allowed for deduction.
- The last ground concerns the disallowance of delayed remittance of employees' contribution to Employees' State Insurance, which was also directed to be allowed for deduction.

Revenue's Appeals:
- The Revenue raised an issue regarding the disallowance made under section 14A for proportionate interest on investments in coffee, contending that the Commissioner of Income-tax (Appeals) did not verify the facts.
- The Tribunal remitted this issue back to the Assessing Officer for re-examination in light of the discussions on the cross appeals, without making a definitive finding on whether borrowed funds were diverted in earning income from coffee.

In conclusion, the appeals filed by both the Revenue and the assessee were treated as partly allowed for statistical purposes, with specific directions given for reconsideration and deductions in certain instances.