2014 (5) TMI 266 - AT - Income Tax

Recall of order - Nexus between interest borrowings and interest free advances Proper amount of closing balance Cited case laws not considered - Held that - The assessee submitted that the Tribunal has not considered the contentions of the applicant the Tribunal has not fully and properly considered the case laws cited and relied upon by the applicant and merely observed that they were not applicable though the same were fully applicable to the facts of the case - the assessee has a case and is required to reconsider the facts of the case and case laws cited by the assessee thus, the recall of order on the issue is allowed Decided in favour of Assessee.

Summary

Issues:
Recall of Tribunal's order due to apparent errors in interest disallowance of Rs.35,07,708.

Analysis:
The Appellate Tribunal ITAT Ahmedabad considered a Miscellaneous Application (M.A.) filed by the Assessee seeking the recall of the Tribunal's order dated 25.10.2013 due to apparent errors in the interest disallowance issue. The Assessee, a partnership firm engaged in cotton ginning & pressing, had filed its E-return of income for A.Y. 2009-10, declaring a total income of Rs.9,63,830. During the assessment proceedings, it was noted that the Assessee had made significant borrowings but had not charged interest on certain loans and advances. The Assessee explained the rationale behind not charging interest, citing common partners and interest-free dealings. However, the Assessing Officer (AO) made a disallowance without providing reasons. The CIT(A) upheld the disallowance, stating a missing nexus between borrowed capital and business purposes. The Assessee appealed to the Tribunal, presenting various contentions and case laws. The Assessee argued that the Tribunal had not considered crucial aspects and legal points, emphasizing its cash-rich status and business expediency. The Tribunal, after hearing both parties, found merit in the Assessee's case and decided to recall its earlier order for reconsideration of facts and case laws cited.

The Tribunal acknowledged the Assessee's arguments regarding the cash-rich nature of the company, available cash balances, and net profits, along with the business expediency of transactions with M/s. Om Kailash Cotton. The Assessee's counsel highlighted relevant case laws during the proceedings, asserting their applicability to the Assessee's situation. The Senior Departmental Representative (D.R.) opposed the Assessee's plea for recall, arguing that all material facts and legal aspects had been duly considered by the Tribunal initially. The D.R. contended that accepting the Assessee's request would amount to reviewing the Tribunal's own decision, which is not permissible under tax laws. However, upon careful consideration of the arguments presented, the Tribunal found merit in the Assessee's contentions and decided to recall its previous order dated 25.10.2013 specifically on the issue of interest disallowance of Rs.35,07,708. The Tribunal directed the case to be fixed on a regular basis for further proceedings, ultimately allowing the Assessee's Miscellaneous Application.

In conclusion, the Appellate Tribunal ITAT Ahmedabad, comprising Shri D. K. Tyagi and Shri T. R. Meena, JJ., granted the Assessee's request for the recall of the Tribunal's order dated 25.10.2013 concerning the interest disallowance issue. The Tribunal found substance in the Assessee's arguments, necessitating a reconsideration of facts and case laws cited. The decision to recall the order was made after a thorough evaluation of the contentions raised by both parties, highlighting the importance of factual accuracy and legal interpretations in tax matters.