1986 (1) TMI 168 - AT - Income Tax

Summary

Issues Involved:
1. Deduction of interest as revenue expenditure under Section 37 of the IT Act, 1961.
2. Dispute regarding the crystallization and quantification of liability.
3. Applicability of the mercantile system of accounting.
4. Relevance of case precedents cited by the assessee.

Detailed Analysis:

1. Deduction of Interest as Revenue Expenditure under Section 37 of the IT Act, 1961:
The assessee claimed a deduction of Rs. 1,34,481 as revenue expenditure under Section 37 of the IT Act, 1961. The ITO allowed only Rs. 72,643, disallowing Rs. 61,839, arguing that the interest for the period prior to the previous year under consideration could not be allowed. The AAC, however, allowed the entire claim, noting that the liability was crystallized and quantified during the year under appeal.

2. Dispute Regarding the Crystallization and Quantification of Liability:
The AAC observed that the liability was crystallized and quantified by the UP State Industrial Development Corporation Ltd. and accepted by the assessee during the year under appeal, citing the case of National Newsprint & Papers Mills Ltd. vs. CIT. However, the Revenue contended that there was no dispute between the assessee and the Corporation regarding the payment of interest. The Tribunal noted that the terms of the allotment, including the interest rate and payment schedule, were clearly stipulated in the agreement dated 1st March 1978, and there was no dispute regarding these terms. The assessee's request for a waiver of interest did not amount to a dispute.

3. Applicability of the Mercantile System of Accounting:
The assessee maintained a mercantile system of accounting. The Tribunal emphasized that under this system, the liability to pay interest should have been accounted for in the year in which it accrued, as per the agreement dated 1st March 1978. The liability to pay interest arose from the contract and not from the act of demanding interest by the Corporation. Therefore, the interest payable up to 31st March 1979 could not be allowed as a deduction in the year under consideration merely because the payment was made during that year.

4. Relevance of Case Precedents Cited by the Assessee:
The assessee cited three cases: National Newsprint & Papers Mills Ltd. vs. CIT, Addl. CIT vs. Rattan Chand Kapur, and CIT vs. Con Finance Ltd. The Tribunal distinguished these cases from the present case, noting that in National Newsprint, the rate of interest was not specified and had to be negotiated, whereas in the present case, the rate and terms were clearly defined. In Rattan Chand, the liability to pay sales tax was disputed and no demand was raised in the respective years, unlike the present case where there was no dispute regarding the interest liability. The Tribunal found no similarity between the facts of CIT vs. Con Finance Ltd. and the present case.

The Tribunal also rejected the assessee's plea of adopting a hybrid system of accounting for interest payments, stating that this plea was raised for the first time and lacked evidence.

Conclusion:
The Tribunal reversed the order of the AAC and restored that of the ITO, concluding that the interest for more than 12 months should not have been allowed during the previous year under consideration. The appeal was allowed in favor of the Revenue.