2010 (9) TMI 40 - HC - Income Tax

Deduction on account of interest - Loan was taken from a sister concern - Deduction on account of transfer of mollases storage fund - Tribunal allowed both the deductions - Held that Deduction is allowable - decided in favor of assessee

Summary

Issues:
1. Disallowance of interest claimed by the assessee.
2. Allowability of deduction for the amount transferred to the molasses storages fund account.

Analysis:
1. The first issue pertains to the disallowance of interest claimed by the assessee. The assessee company had borrowed significant amounts from banks and others, incurring substantial interest expenses. Additionally, the assessee provided interest-free loans to its sister-concerns. The assessing officer added an amount to the income of the assessee, alleging a lack of correlation between the borrowed sums and the amounts advanced as loans. However, the Commissioner of Income Tax (Appeals) noted that the Tribunal had previously deleted a similar addition in the assessee's case for a previous assessment year. The Tribunal, in the current case, found no nexus between the borrowed funds and the interest-free loans given to sister-concerns. Citing the judgment of the Supreme Court in S.A. Builders Ltd. Vs. Commissioner of Income Tax, the Court emphasized the concept of "commercial expediency" to allow deductions for interest on funds borrowed for interest-free loans to sister concerns. Consequently, the Court decided in favor of the assessee, ruling that the interest claimed was allowable.

2. The second issue concerns the deductibility of an amount transferred to the molasses storages fund account. The Court referenced a judgment of the Supreme Court in favor of the assessee on a similar matter. Without delving into specific details, the Court indicated that the second question was also resolved in favor of the assessee based on the aforementioned judgment. Both issues were answered in favor of the assessee, providing a comprehensive analysis and legal interpretation in alignment with the relevant legal principles and precedents cited during the proceedings.