2012 (10) TMI 148 - HC - Income Tax

Deduction of interest on a proportionate basis - Term loan from SICOM - one time settlement (OTS) - appellant was granted a deduction in respect of interest in the sum of Rs.19 lacs only as aginst Rs.1,46,63,160 - Held that - The assessee has not produced any evidence to indicate the apportionment of the OTS amount of Rs.91 lacs towards principal and interest. It is obvious that a part of above amount was towards interest for the OTS amount was admittedly more than Rs.72 lacs (principal amount) - working of the proportionate amount by the assessee is not based on what infact transpired between SICOM and itself. The basis is merely hypothetical. It is not inconceivable that the interest was waived and/or reduced - against assessee.

Summary

Issues:
- Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 21.08.2008 in ITA No. 4769/Mum/2006 for the assessment year 1999-2000.
- Questions of law raised by the appellant regarding the deduction of interest, following the rule of 3, and correct allocation between principal amount and interest due.

Analysis:
1. The appellant had availed a term loan from SICOM, with a principal sum of Rs. 72 lacs and interest of Rs. 74,63,160/. A one-time settlement (OTS) was reached for Rs. 91 lacs, as full settlement of the term loan.

2. The appellant claimed a deduction of interest on a proportionate basis amounting to Rs. 46,31,658/, calculated based on the OTS amount and the total due. However, the Tribunal only allowed a deduction of Rs. 19 lacs, the difference between the OTS amount and the admitted principal amount.

3. The Tribunal noted that the appellant failed to provide evidence regarding the allocation of the OTS amount towards principal and interest. Without concrete evidence, the Tribunal could not speculate or rely on hypothetical calculations made by the appellant.

4. The Tribunal emphasized that the appellant's working of the proportionate amount was not based on actual transactions between SICOM and the appellant. The lack of evidence regarding the true nature of the OTS transaction hindered the appellant's case.

5. The Tribunal rejected the appellant's reliance on the rule that creditor payments should be adjusted towards interest first, then principal. Without evidence supporting this adjustment in the OTS, the rule could not assist the appellant.

6. Ultimately, the Tribunal found that the authorities had taken a possible view based on the evidence presented. As the order was not deemed perverse and did not raise a substantial question of law, the appeal was dismissed with no order as to costs.