2014 (7) TMI 796 - AT - Income Tax

Jurisdiction of CIT u/s 263 to revise an order - principle of merger - omission in calculation of interest income assessee contended that, the very levy of interest as was done by the A.O. was subject matter of appeal before the Ld. CIT(A) and subsequently by the ITAT. - Held that - Assessee has advanced funds to the said Satyam Computers Services Ltd. - assessee has not advanced the funds on interest basis and subsequently, it filed recovery of principal amount with interest at 18% by filing a suit in City Civil Court, Hyderabad - the amount of interest can be brought to tax in the year in which the City Civil Court considered and decided the liability to repay the amounts of advance and interest and also rate of interest on which, advance should be repaid - the question of bringing to tax interest on different amounts as directed by the CIT does not arise - when the very basis of levy is subject matter of appeal, the CIT could not have invoke the jurisdiction u/s 263 in opining that higher amount should have been considered for levy of interest - there is no basis for CIT invoking jurisdiction u/s 263 - thus, the order of the CIT is set aside Decided in favour of Assessee.

Issues:
- Jurisdiction and setting aside of assessment order under section 263 of the Income Tax Act, 1961.
- Calculation and levy of interest on an advance made to M/s. Satyam Computer Services Limited.
- Dispute regarding the accrual of interest and the basis for bringing the interest amount to tax.
- Questioning the jurisdiction and levy of interest by the CIT(C) under section 263.
- Appeal against the order of the CIT(C) under section 263 on grounds related to jurisdiction and interest levy.

Analysis:

Issue 1: Jurisdiction and Setting Aside of Assessment Order
The appeal was against the Order of the CIT-(Central), Hyderabad under section 263, setting aside the assessment order passed by the A.O. under section 143(3) for A.Y. 2008-09. The CIT(C) invoked jurisdiction under section 263 due to an omission in calculating interest on the balance of the advance amount. The CIT(C) directed the re-computation of the income of the assessee company after necessary verification.

Issue 2: Calculation and Levy of Interest
The A.O. had considered an advance made to M/s. Satyam Computer Services Limited, and calculated interest on it, bringing a certain amount to tax. However, the CIT(C) noticed a discrepancy in the total advances made by the assessee and the interest calculation. The CIT(C) directed the inclusion of the total advance amount for interest calculation, leading to the invocation of jurisdiction under section 263.

Issue 3: Dispute Regarding Accrual of Interest
The ITAT had previously dismissed the Revenue appeal, stating that interest income cannot be accrued without a contract for charging interest on the advances. The ITAT emphasized the need for certainty in the rate of interest and the determination of liability by the Civil Court before considering interest as accrued income. The issue of interest accrual was crucial in the assessment and appeal process.

Issue 4: Questioning Jurisdiction and Interest Levy
The assessee raised grounds questioning the jurisdiction and levy of interest by the CIT(C) under section 263. It was argued that the basis of accrual of interest was already a subject matter of appeal, making the CIT(C)'s directions superfluous. The A.O. and the assessee presented conflicting views on the levy of interest, leading to the appeal challenging the CIT(C)'s order.

Final Verdict:
The ITAT analyzed the documents and orders on record, concluding that the CIT(C) had no basis to invoke jurisdiction under section 263 regarding the interest calculation. The ITAT set aside the CIT(C)'s order, emphasizing that the A.O. could examine the principal and interest as directed by the ITAT in the quantum appeal once the Court settles the issue. The appeal of the assessee was allowed, and the order was pronounced in favor of the assessee on 09.07.2014.

← Previous Next →