2014 (8) TMI 752 - AT - Income Tax

Disallowance of interest expenses - Held that - AO had disallowed interest expenditure that the assessee had advanced IFL of ₹ 2. 70 Crores to APL, that it had paid interest to the partners on the debit balance, that certain pieces of information were given by the assessee during the appellate proceedings only, that before the AO it was admitted that it did not have business relation with APL, that the AO had agreed with the assessee that the loan given to APL was because of business expediency, that the FAA had partly deleted the interest expenditure and had partly upheld the order of the AO - the assessee itself had stated during the assessment proceedings that there was no business connection with APL - without affording a chance to the AO to rebut/confirm the stand of the assessee, the FAA had given relief to the it He has given certain calculation as on 31. 03. 1997and 31. 03. 2007 for part disallowance of interest expenditure - AO did not have benefit of the submissions of the assessee made during appellate proceedings - the matter needs further verification, thus, the matter is remitted back to the AO for fresh adjudication Decided in favour of Assessee. Registration expenses deleted Held that - FAA had not deleted the addition of ₹ 10.22 lakhs, as mentioned in the ground of appeal - While deciding the appeal the issue before him was the expenditure of ₹ 7.87 lakhs only - Out of the total expenditure of ₹ 22. 29 lakhs, incurred by the assessee, the foreign principals had reimbursed ₹ 14.42 lakhs - the commission income received from sale of products supplied by the foreign suppliers was offered to tax by the it - the expenditure was incurred wholly and exclusively for business purposes - an increase in the expenditure cannot be basis for disallowing it - Without registration of the product with appropriate authority at Delhi, it was not possible for the assessee to earn income - payments made under the heads consultancy fees, bank charges and other expenses cannot be held to be not incurred for the business for year - All the expenses had direct nexus with earning of the income offered for taxation - Genuineness of the expenditure is not in doubt and the assessee had also deducted tax at source on those payments - the FAA was justified in deleting the addition of ₹ 6. 22 lakhs Decided against revenue.

Issues Involved:
1. Disallowance of interest on an interest-free loan.
2. Deletion of addition out of registration expenses.
3. Deletion of addition on account of diverting interest-bearing loans to interest-free loans.
4. Disallowance out of product registration expenses.

Detailed Analysis:

1. Disallowance of Interest on an Interest-Free Loan
The assessee contested the sustaining of an interest disallowance on an interest-free loan of Rs. 85,40,685. The assessee argued that the advance to Avik Pharmaceuticals Ltd. (APL) was for business purposes and commercial expediency, asserting sufficient own funds to advance to partners, negating the need for disallowance. The AO had found no business relationship with APL and noted negative capital balances in partners' accounts, leading to a disallowance of Rs. 38,36,917 based on an 11.2% interest rate. The First Appellate Authority (FAA) partially upheld this, recognizing commercial expediency for business transactions but not for unsecured loans and partners' debit balances, directing the AO to consider Rs. 85.40 lakhs for proportionate disallowance. The Tribunal remitted the matter back to the AO for fresh adjudication, emphasizing the need for further verification and a reasonable opportunity for the assessee to present necessary documents.

2. Deletion of Addition Out of Registration Expenses
The AO disallowed Rs. 10,12,321 out of Rs. 22,29,255 claimed under registration expenses, questioning the genuineness due to a significant increase from the previous year and the nature of the expenses. The FAA found the expenses to be business-related, incurred for obtaining necessary product registrations, and paid through account payee cheques with TDS deducted. The Tribunal upheld the FAA's decision, noting the expenses were wholly and exclusively for business purposes, directly linked to the income offered for taxation, and thus justified in deleting the addition of Rs. 6.22 lakhs.

3. Deletion of Addition on Account of Diverting Interest-Bearing Loans to Interest-Free Loans
The AO had disallowed Rs. 38,36,917 under Section 36(1)(iii) for diverting interest-bearing loans to interest-free loans, which the FAA partially deleted. The FAA recognized commercial expediency for business transactions with APL but not for unsecured loans and partners' debit balances. The Tribunal found discrepancies in the submissions made before the AO and the FAA, noting the need for further verification and remanding the issue back to the AO for fresh adjudication.

4. Disallowance Out of Product Registration Expenses
The AO disallowed Rs. 1,64,210 out of product registration expenses of Rs. 10,12,231, which the assessee contested, arguing the expenses were wholly and exclusively for business purposes. The FAA partially upheld the disallowance, but the Tribunal found no reason given for confirming Rs. 1,64,210, reversing the FAA's order and deciding in favor of the assessee.

Conclusion:
The Tribunal remitted the issues regarding the disallowance of interest on loans and the partial confirmation of interest expenditure back to the AO for further verification. It upheld the FAA's deletion of the addition out of registration expenses and reversed the disallowance of Rs. 1,64,210 in product registration expenses, deciding in favor of the assessee. The cross appeals and cross objections were partly allowed, with the order pronounced on 13th August 2014.

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