1997 (3) TMI 140 - AT - Income Tax

Summary

Issues:
- Appeal against deletion of disallowance under s. 43B representing unpaid interest to financial institution.

Analysis:

The Department appealed against the deletion of disallowance amounting to Rs. 33,82,334 under s. 43B representing unpaid interest to a financial institution. The assessee had filed the return claiming this deduction, which was initially accepted. However, the AO issued a notice for rectification as no evidence was attached to support the deduction claimed. The assessee explained that the interest was paid before filing the return and relied on relevant judgments. Despite the explanation, the AO made the rectification order under s. 154. On appeal, the CIT(A) referred to CBDT Circular No. 601, emphasizing the evidence required for deduction under s. 43B. The CIT(A) noted that a certificate from the institution or accountant was necessary, and the AO should have considered the circular before passing the order. Consequently, the CIT(A) accepted the plea of the assessee, leading to the Department's appeal against this decision.

In response, the Departmental Representative reiterated the AO's arguments, emphasizing the lack of a certificate from a chartered accountant or the financial institution. The counsel for the assessee contended that the requisite evidence was produced during the regular assessment proceedings. The submissions highlighted the payments made to various financial institutions before filing the return, stating that the disallowance was not applicable as per the first proviso to s. 43B. The counsel also mentioned the ongoing regular assessment under s. 143(3) to address any concerns regarding the payments. The counsel argued that the CIT(A)'s decision should not be interfered with based on the presented evidence.

Upon careful consideration of the submissions and relevant records, the Tribunal observed that regular assessment proceedings were underway, allowing the assessee to provide proof of actual payment even during the assessment process. Referring to CBDT Circular No. 669, the Tribunal found no fault in the CIT(A)'s decision to grant relief to the assessee. Consequently, the Tribunal dismissed the Department's appeal, upholding the decision in favor of the assessee.