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2018 (7) TMI 1082 - AT - Income TaxDisallowance of interest - Held that - On perusal of the balance sheet filed before us, we find that the assessee has not taken any fresh loan during this year and has earned profit of ₹ 34.00 crores approx. Therefore, no adverse inference can be drawn that these capital work in progress incurred by the assessee amounting to ₹ 1,00,61,241/- has been expended out of borrowed funds. The Revenue could not adduce any evidence that this amount has been incurred out of any borrowed funds. Claim of depreciation on sale proceeds of the assets - Held that - Once, the asset has been taken in the block of assets, and if any sale value of the asset is realized or credited into the fixed asset account, it is reduced from the block of assets and it cannot be treated as a profit on sale of asset until and unless whole of the block does not exhaust. Therefore, ground No. 4 for the assessment years 2010-11 and 2011-12 are dismissed. Calculation of interest on the loans outstanding as on 31.03.2011 - Held that - AR did not agree to produce the requisite balance sheet, only stating that the issue is covered by the decision of Tribunal and Hon ble High Court. We are, therefore, unable to ascertain whether the loans given by the assessee during the year under consideration were out of owns funds or from borrowed funds. Therefore, we deem it expedient in the interest of justice that this matter should go back to the file of the AO to decide the issue afresh after due verification, as observed above from the books of assessee. Similar is the position with respect to the disallowance of interest made by A.O. of ₹ 26,86,443/- on the expenditure incurred by assessee as capital work in progress of ₹ 2,23,87,021/-. This expenditure also needs verification to the extent whether this amount was expended by the assessee out of own funds or out of borrowed funds. Therefore, this issue is also sent back to the Assessing Officer for deciding the same afresh after due verification.
Issues Involved:
1. Disallowance of interest expenses on interest-bearing funds given to sister concerns without interest. 2. Disallowance of interest expenses on account of interest on Capital Work in Progress. 3. Disallowance of depreciation on assets received without consideration. 4. Addition on account of profit on the sale of assets acquired without consideration. Detailed Analysis: 1. Disallowance of Interest Expenses on Interest-Bearing Funds Given to Sister Concerns Without Interest: Assessment Year 2010-11: The Assessing Officer (AO) observed that the assessee had advanced ?20,96,69,218 to its subsidiaries and fellow subsidiaries, out of which ?14,55,00,000 was interest-free. The AO applied Section 36(1)(iii) of the Income Tax Act, 1961, and disallowed ?21,60,000 as interest on the opening balance of ?1,80,00,000, calculated at 12%. Tribunal's Decision: The Tribunal found that similar issues were decided in favor of the assessee in the assessment year 2008-09. It was noted that the assessee had sufficient interest-free funds (?188.89 crores) to cover the interest-free loans given to subsidiaries. Hence, no disallowance was warranted. The Tribunal upheld the CIT(A)'s decision to delete the disallowance. Assessment Year 2011-12: The AO calculated interest of ?1,05,00,000 on loans outstanding as on 31.03.2011, given to the Amritsar subsidiary. The Tribunal noted that the assessee had raised substantial loans on interest during this year. The matter was remanded to the AO for verification of whether the loans advanced were from borrowed funds or own funds. 2. Disallowance of Interest Expenses on Account of Interest on Capital Work in Progress: Assessment Year 2010-11: The AO disallowed ?12,07,349 as interest on capital advances amounting to ?1,00,61,241, holding that the amount invested in capital work in progress not put to use is not allowable. Tribunal's Decision: The Tribunal observed that the assessee had sufficient funds during the year and had not taken any fresh loans. The CIT(A) found no evidence of interest-bearing funds being used for capital work in progress. The Tribunal upheld the CIT(A)'s decision to delete the disallowance. Assessment Year 2011-12: The AO disallowed ?26,86,443 as interest on capital work in progress of ?2,23,87,021. The Tribunal remanded the matter to the AO for verification of whether the expenditure was incurred from borrowed funds or own funds. 3. Disallowance of Depreciation on Assets Received Without Consideration: Assessment Year 2010-11: The AO disallowed ?59,13,664 as depreciation on assets received from a society without consideration, applying Explanation 4A and 6 to Section 43 and Section 43(1) of the Income Tax Act. Tribunal's Decision: The Tribunal noted that similar disallowances were not permitted in previous years. It referred to the Delhi High Court's decision in Indraprastha Cancer Society, which allowed depreciation on such assets. The Tribunal upheld the CIT(A)'s decision to delete the disallowance. Assessment Year 2011-12: The Tribunal's analysis and decision were consistent with the assessment year 2010-11, and the CIT(A)'s deletion of the disallowance was upheld. 4. Addition on Account of Profit on Sale of Assets Acquired Without Consideration: Assessment Year 2010-11: The AO added ?6,30,720 to the income of the assessee, considering it as profit on the sale of assets acquired without consideration. Tribunal's Decision: The Tribunal found that once the asset is part of the block of assets, the sale value is reduced from the block and cannot be treated as profit until the block exhausts. The Tribunal upheld the CIT(A)'s decision to delete the addition. Assessment Year 2011-12: The Tribunal's decision was consistent with the assessment year 2010-11, and the CIT(A)'s deletion of the addition was upheld. Conclusion: - For the assessment year 2010-11, the Tribunal dismissed the Revenue's appeal on all grounds. - For the assessment year 2011-12, the Tribunal remanded issues related to interest expenses on loans and capital work in progress to the AO for verification and allowed the appeal for statistical purposes. Order pronounced in the open court on 12th July 2018.
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