2014 (5) TMI 741 - AT - Income Tax

Part deletion of disallowance of financial charges paid Held that - Following AP. State Housing Corporation Limited 2011 (1) TMI 1271 - ITAT HYDERABAD - assessee clearly proved that the assessee company is not in the business of construction of houses - the income of the assessee corporation only comprises of admission fees, supervisions charges, interest, differential cost of component and other material and managerial subsidy from the State Government - the lower authorities are not correct in disallowing the interest payment to various commercial banks and financial institutions the AO is directed to treat the interest receipts as the income of the assessee Corporation in the respective assessment years - in the absence of anything to the contrary brought on record by the Revenue, there was no infirmity in the order of the CIT(A) Decided against Revenue.

Summary

Issues:
Appeals against order of CIT(A) for assessment years 2008-09 and 2009-10 - Disallowance of financial charges paid by assessee - Whether relief granted by CIT(A) justified.

Analysis:
The judgment pertains to two appeals by the Revenue challenging the order of the Commissioner of Income-tax(Appeals) for the assessment years 2008-09 and 2009-10. The main issue revolves around the relief granted by the CIT(A) by deleting part of the additions made by the Assessing Officer for financial charges paid by the assessee to banks, financial institutions, and HUDA. The appeals were heard together due to a common issue. The crux of the Revenue's grievance was the deletion of significant amounts by the CIT(A).

The Tribunal considered the arguments presented by both sides and examined the orders of the Revenue authorities and other relevant material on record. The counsel for the assessee pointed out that the issue in question had already been adjudicated by the Tribunal in the assessee's own cases for earlier years. The CIT(A) aligned the impugned order with the Tribunal's decision in the assessee's previous cases. The Tribunal noted that the CIT(A) referred to the Tribunal's decision for earlier years and upheld the relief granted by the CIT(A) based on the previous Tribunal's decision.

The Tribunal found that the CIT(A)'s order was consistent with the Tribunal's decision in the assessee's prior cases and did not identify any flaws in the CIT(A)'s order. Consequently, the Tribunal upheld the order of the CIT(A) and dismissed the appeals of the Revenue. The judgment emphasized the importance of following precedents and maintaining consistency in decisions based on past rulings. The appeals were ultimately rejected, affirming the relief granted by the CIT(A) regarding the disallowance of financial charges paid by the assessee.

In conclusion, the judgment highlights the significance of precedent and consistency in tax matters, emphasizing the need to align current decisions with past rulings. The Tribunal's decision in this case upheld the relief granted by the CIT(A) based on the Tribunal's earlier decision in the assessee's own cases. The appeals by the Revenue were dismissed, affirming the order of the CIT(A) regarding the disallowance of financial charges paid by the assessee.