2018 (3) TMI 1175 - AT - Income Tax

Addition on accrued interest of Non Performing Asset accounts - Held that - As we have principally decided the issue in favour of the assessee in the case of THE BULDHANA DISTRICT CENTRAL COOP. BANK LTD. vs DCIT (2018 (3) TMI 1100 - ITAT NAGPUR) 1726003, respectfully following the same, we direct the AO to re-compute the overdue interest and accrued interest on NPAs according. Disallowance of deduction u/s 40(a)(ia) for short deduction of TDS - Held that - this issue is covered in favour of the assessee and against the Revenue by the decision in the case of CIT vs S.K.Tekriwal 2012 (12) TMI 873 - CALCUTTA HIGH COURT wherein it is held that no disallowance u/s 40(a)(ia) of the Act can be made wherever short deduction of TDS is made. As no disallowance can be made for short deduction of TDS, we direct the AO to verify that the assessee has deducted TDS but may be short. Short deduction does not given any right to AO to disallow the expenses for short deduction. - Decided in favour of assessee

Summary

Issues:
1. Accrued interest on Non Performing Asset (NPA) accounts.
2. Deduction of excess NPA interest disallowed.
3. Overdue interest difference on NPA.
4. Disallowance of deduction under section 40(a)(ia) for short deduction of TDS.

Accrued Interest on Non Performing Asset (NPA) Accounts:
The appellant, following the Mercantile System of Accounting, accounted for interest on NPA on a cash basis, leading to a dispute with the AO. The AO invoked section 145(1) of the Income Tax Act, 1961, to include the accrued interest on NPA as income. The CIT(A) upheld the AO's decision based on a Board's Circular dated 09.10.1984, requiring the classification of NPAs based on age to determine the interest attributable to irrecoverable NPAs. The appellant provided a bifurcation of interest accrued on NPAs, with only a portion deemed taxable. The Tribunal partially allowed the appeal, directing the AO to tax the specified amount as interest accrued on NPAs.

Deduction of Excess NPA Interest Disallowed:
The issue of excess NPA interest disallowed was addressed based on a previous ruling in a similar case involving THE BULDHANA DISTRICT CENTRAL COOP. BANK LTD. vs DCIT. The Tribunal considered the reversal of doubtful claims made for subvention of interests, leading to a credit in the P&L account. The appellant claimed a deduction for the amount included in income erroneously, as highlighted by the Statutory Auditor. The Tribunal allowed the claim, emphasizing the bona fide nature of the reversal and debiting to the P&L account.

Overdue Interest Difference on NPA:
The Tribunal, following the decision in THE BULDHANA DISTRICT CENTRAL COOP. BANK LTD. vs DCIT, directed the AO to re-compute the overdue interest and accrued interest on NPAs in favor of the appellant.

Disallowance of Deduction under Section 40(a)(ia) for Short Deduction of TDS:
The issue of disallowance under section 40(a)(ia) for short deduction of TDS was resolved by citing a decision of the Hon'ble Calcutta High Court in the case of CIT vs S.K.Tekriwal. The Court ruled that no disallowance under section 40(a)(ia) can be made for short TDS deductions. The Tribunal directed the AO to verify the TDS deductions and allowed the appellant's appeal, subject to verification.

In conclusion, the Tribunal allowed all appeals filed by the appellant, addressing issues related to accrued interest on NPAs, excess NPA interest disallowed, overdue interest difference on NPA, and disallowance of deduction under section 40(a)(ia) for short TDS deductions. The decisions were based on legal interpretations, previous rulings, and the specific circumstances of the appellant's case.