2010 (3) TMI 291 - HC - Income Tax

Deduction on account of interest ITAT allowed the claim of the assessee Company of interest amounting to Rs.26, 80, 942/- even though such interest was paid by the assessee company on borrowings used for payment of outstanding sales tax liability of earlier years Held that - From the reasons recorded by the Tribunal it appears to be an undisputed position that the amount paid by way of penalty during the course of assessment years 1991-92 1992-93 1993-94 1994-95 and 1995-96 was allowed as a deduction while completing the assessment. Interest was paid on borrowed funds which were used for payment of the penalty towards delayed sales tax payments. There was no breach of the provisions of the Sales Tax Act as such and it was justifiably held to be eligible for deduction.

Summary

Issues:
1. Allowance of interest amounting to Rs.26,80,942 paid on borrowings for outstanding sales tax liability.
2. Deduction of interest amounting to Rs.10,08,179 paid on borrowings for outstanding sales tax penalty.
3. Allowability of interest paid on borrowed money used for payment of penalty sales tax.

Analysis:

Issue 1:
The appeal by the Revenue challenged the Tribunal's decision to allow the claim of the assessee company for interest amounting to Rs.26,80,942 paid on borrowings used for the outstanding sales tax liability of earlier years. The Tribunal held that the loan was utilized for discharging the sales tax liability for an earlier assessment year, and the Assessing Officer considered it as business income. The Court found that the interest paid on borrowed funds for the sales tax liability was justifiably held to be eligible for deduction. Consequently, the Court dismissed the appeal, stating no substantial question of law arises in this regard.

Issue 2:
The Tribunal also allowed the claim of the assessee company for a deduction of interest amounting to Rs.10,08,179 paid on borrowings used for the outstanding sales tax penalty. The Court noted that the penalty paid on account of delayed sales tax payments was allowed as a deduction in previous assessment years. Interest was paid on borrowed funds for this penalty, and the Court found no breach of the Sales Tax Act in this regard. Therefore, the Court upheld the Tribunal's decision, stating that the interest paid on borrowed funds for the penalty was eligible for deduction.

Issue 3:
The final issue involved the Tribunal's decision on the allowability of interest paid on borrowed money used for the payment of penalty sales tax. The Court examined the history of penalty payments and deductions allowed in previous assessment years. It was found that the interest paid on borrowed funds for the penalty was in accordance with the provisions and was rightfully held to be eligible for deduction. Consequently, the Court dismissed the appeal, stating that no substantial question of law arises in this matter.

In conclusion, the High Court of Bombay upheld the Tribunal's decisions on all three issues, allowing the deductions for interest paid on borrowings related to sales tax liabilities and penalties. The Court found no legal grounds to overturn the Tribunal's rulings and dismissed the appeal accordingly.