2016 (3) TMI 241 - AT - Income Tax

Disallowance of interest on borrowed capital u/s 24(b) - whether property should be let out for claiming deduction of interest? - Held that - It is evident from the record that the assessee did not offer the amount of rent for which IT is reasonably accepted to let in terms of Section 23(1) of the Act. Besides the assessee has claimed depreciation thereon on the property without using the said flat B-2. Thus the assessee has unjustifiably claimed deduction of interest; on one hand property is treated as business asset and claimed depreciation thereon though disallowed by AO. Even if house property income in terms of Section 23(1) is concerned, no amount has been shown for which property might be reasonably expected to be let. Thus the assessee s claim has no tenability as neither property is self-occupied nor its reasonable rental ALV is offered for tax and at the same time a claim of deduction of interest is made. Since the assessee has not complied with any of these statutory conditions, the lower authorities have rightly disallowed the proportionate interest wrongly claimed by the assessee as allowable. - Decided against assessee

Summary

Issues Involved:
1. Condonation of delay in filing appeal.
2. Disallowance of interest on borrowed capital.
3. Disallowance of depreciation claimed on residential flats.

Condonation of Delay in Filing Appeal:
The appeal was filed late by 50 days, with the assessee attributing the delay to the seizure of their computer and software by a third party. The assessee sought condonation of delay, citing reasons beyond their control. The Tribunal, considering the Supreme Court's decision in Collector, Land Acquisition vs. Mst. Katiji, accepted that the assessee was prevented by sufficient cause and thus condoned the delay.

Disallowance of Interest on Borrowed Capital:
The assessee purchased two flats, letting out one while the other remained vacant. The dispute arose when the AO disallowed a portion of the interest claimed on the housing loan due to the vacant flat. The assessee contended that the interest should be fully deductible under Section 24(b) of the IT Act, as the property being vacant does not preclude the claim. However, both the AO and CIT(A) disallowed a proportionate amount of interest, leading to excess deduction claimed by the assessee. The Tribunal upheld the lower authorities' decision, stating that the assessee failed to meet statutory conditions for claiming the deduction, as the property was neither self-occupied nor offered for reasonable rent.

Disallowance of Depreciation on Residential Flats:
The assessee claimed depreciation on residential flats used for rental income under the head of business income. However, as the flats were not utilized for business purposes, the claimed depreciation was disallowed. The Tribunal affirmed the disallowance, emphasizing that the assessee could not claim depreciation on properties not used for business activities, resulting in an addition to the total income.

In conclusion, the Tribunal dismissed the appeal, upholding the disallowances of interest on borrowed capital and depreciation claimed on residential flats, emphasizing non-compliance with statutory conditions and ineligibility for deductions claimed by the assessee.