2016 (3) TMI 365 - AT - Income Tax

Disallowance of interest - nexus between the expenditure and the purpose of business - Held that - As the assessee company made the contribution in the partnership firm M/s Abhitex International wherein it was having 12% share. The amount was invested keeping in view the business expediency as the group to which the assessee belonged acquire the entire share holdings of RMZ Corporation Holdings Pvt. Ltd., so it was not a case of divertion of borrowed fund, rather it was investment as a capital in the firm M/s Abhitex International for the business purposes and in the light of commercial expediency. Thus , we are of the view that the disallowance of interest made by the AO and sustained by the ld. CIT(A) was not justified. In that view of the matter the impugned disallowance is deleted. - Decided in favour of assessee

Summary

Issues Involved:
1. Disallowance of Interest on Investment in Partnership Firm
2. Application of Section 14A of the Income Tax Act
3. Commercial Expediency of Investment
4. Provisions of Section 36(1)(iii) of the Income Tax Act
5. Re-computation of Deduction under Section 80IA(4)(iii)
6. Re-computation of Book Profit under Section 115JB

Issue-wise Detailed Analysis:

1. Disallowance of Interest on Investment in Partnership Firm:
The main issue was the disallowance of Rs. 3,63,74,505/- as interest on funds invested by the assessee in M/s Abhitex International. The AO disallowed the interest, arguing that the funds were diverted to an associate concern for non-business purposes. The AO noted a clear nexus between the borrowed funds and the investment in the partnership firm, leading to the disallowance of interest expenses.

2. Application of Section 14A of the Income Tax Act:
The CIT(A) upheld the AO's disallowance, applying Section 14A of the Act, which pertains to disallowance of expenditure incurred in relation to income not includible in total income. The CIT(A) argued that the share profit of Rs. 39,24,346/- from M/s Abhitex International was tax-free, thus justifying the disallowance of interest expenditure under Section 14A.

3. Commercial Expediency of Investment:
The assessee contended that the investment in M/s Abhitex International was made for commercial expediency. The investment was aimed at managing a firm within the same group, thus serving a business purpose. The assessee argued that the investment was not intended to reduce tax liability but was a strategic business decision.

4. Provisions of Section 36(1)(iii) of the Income Tax Act:
The assessee argued that the interest paid on borrowed funds used for business purposes should be allowed under Section 36(1)(iii). The assessee cited various case laws, including the Supreme Court's judgment in Hero Cycles (P) Ltd. Vs CIT and the jurisdictional High Court's decision in CIT Vs Dalmia Cement (B.) Ltd., to support the claim that interest on borrowed funds used for business purposes should be allowed.

5. Re-computation of Deduction under Section 80IA(4)(iii):
The CIT(A) directed the AO to re-compute the quantum of deduction under Section 80IA(4)(iii) after considering the disallowance of interest. The assessee argued that the deduction should be allowed on the revised income after giving effect to the appeal.

6. Re-computation of Book Profit under Section 115JB:
The CIT(A) also directed the AO to re-compute the book profit under Section 115JB after giving effect to the appeal. The assessee argued that the book profit should be re-computed as per law.

Conclusion:
The Tribunal held that the disallowance of interest was not justified as the investment in the partnership firm was made for business exigency and commercial expediency. The Tribunal noted that the assessee had sufficient internal accruals and surplus funds, and the investment was not solely out of borrowed funds. The Tribunal also observed that the provisions of Section 14A were not applicable as the profit earned was taxed in the hands of the partnership firm. Therefore, the disallowance of interest was deleted, and the appeals of the assessee were allowed.