2009 (12) TMI 282 - HC - Income Tax

Interest on Borrowed capital- The assessee was a company engaged in the export of marine products. In the accounting year relevant to assessment year 1997-98 the assessee advanced an interest free loan of Rs. 4, 03, 75, 000 to another limited company which was a sister concern of the assessee. The Assessing Officer found that advances made out of borrowed funds on which the assessee had paid an interest of Rs. 64, 72, 004. It was found that the term loan outstanding at end of previous year was Rs. 17.74 lakhs. The Assessing Officer works out interest attributable to funds diverted to another company without collection of interest at Rs. 17.74 lakhs. The Assessing Officer works out interest attributable to funds diverted to another company without collection of interest at Rs. 14, 76, 510 and disallowed the same. The Commissioner (Appeals) enhanced the disallowance. The Tribunal deleted the disallowance. Held that- it was the duty of the Tribunal to decide the case with reference to the facts and not by just following the earlier year s order. Dismissed the appeal.

Summary

Issues:
Enhanced disallowance of interest paid on borrowed funds diverted to sister concern.

Analysis:
The case involves an appeal filed by the Department against the Tribunal's order canceling the enhanced disallowance of interest paid on borrowed funds diverted by the assessee to a sister concern. The Assessing Officer found that the assessee had advanced an interest-free loan to another company out of borrowed funds on which interest was paid. The Commissioner of Income-tax (Appeals) agreed with the Assessing Officer's findings and enhanced the disallowance. The Tribunal, however, allowed the claim without establishing commercial expediency for advancing interest-free loans to the sister concern.

The Assessing Officer disallowed the interest attributable to funds diverted to the sister concern without collection of interest. The Commissioner of Income-tax (Appeals) reworked the interest to be disallowed on a proportionate basis and enhanced the disallowance. The Tribunal allowed the claim without considering the facts and commercial expediency established by the assessee for advancing interest-free loans to the sister concern. The Tribunal's order was found to be unsustainable as it did not consider the various High Court judgments and the commercial expediency required for such transactions.

The High Court held that the Tribunal's order was unsustainable and set it aside, remanding the case back to the Tribunal to decide on the merits. The court emphasized that the decision of the Supreme Court regarding commercial expediency in advancing interest-free loans must be established with facts, which the assessee failed to prove before the lower authorities. The court also highlighted the importance of considering the facts of each case independently and not blindly following earlier orders without proper evaluation.

In conclusion, the High Court disposed of the income-tax appeal by setting aside the Tribunal's order and remanding the case for a fresh decision based on the merits and the establishment of commercial expediency for advancing interest-free loans to the sister concern.