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2019 (4) TMI 545 - AT - Income TaxDisallowance u/s 36(1)(iii) interest in respect of capital work in progress - own interest free funds available with the assessee - HELD THAT - As decided in assessee s own case in AY 2012-13 2019 (4) TMI 258 - ITAT AHMEDABAD considering interest free funds available with the assessee in the shape of share capital, reserves and surplus, as well as net revenue from operations, we are of the view that alleged investment in WIP could be assumed as carried from these surplus funds. No notional interest ought to be calculated for capitalization. See case of CIT Vs. Reliance Utilities & Power Ltd 2009 (1) TMI 4 - BOMBAY HIGH COURT - Decided in favour of assessee.
Issues Involved: Appeal against disallowance of interest under section 36(1)(iii) of the Income Tax Act in respect of capital work in progress for Assessment Year 2013-14.
Detailed Analysis: 1. Background and Grounds of Appeal: The appeal was filed by the Assessee against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance of interest under section 36(1)(iii) of the Income Tax Act in relation to capital work in progress for Assessment Year 2013-14. The grounds of appeal raised by the Assessee challenged the disallowance of interest to the extent of 9.75% under section 36(1)(iii) of the Act. 2. Assessee's Business Activities and Assessment: The Assessee is engaged in manufacturing and trading of POY, FDY & texturized yarn and trading in cloth. The scrutiny assessment for Assessment Year 2013-14 involved disallowance of interest on borrowed funds utilized for capital work-in-progress and non-interest-bearing advances. The disallowance was made based on the capital work-in-progress amount in the balance sheet, resulting in a specific disallowance of interest. 3. Appellate Proceedings and Relief Granted: The Assessee appealed the interest disallowance before the first appellate authority, where the disallowance on capital work-in-progress was sustained, while relief was granted for interest disallowance on interest-free advances. Subsequently, the Assessee appealed to the Tribunal seeking further relief. 4. Judicial Precedent and Tribunal Decision: The Assessee's representative argued that the issue was favorably decided in the Assessee's own case by the ITAT for Assessment Year 2012-13. The Tribunal considered the previous decision and noted that the disallowance of interest on capital work-in-progress was reversed in the earlier case due to the availability of interest-free funds with the Assessee. Citing the relevant part of the ITAT's order, the Tribunal concluded that no notional interest should be calculated for capitalization, directing the AO to delete the addition made on this account. 5. Conclusion and Tribunal's Decision: The Tribunal, in line with the previous decision and finding merit in the Assessee's plea, directed the AO to delete the addition made towards interest disallowance on capital work-in-progress. Consequently, the appeal of the Assessee was allowed, providing relief in this regard. In conclusion, the Tribunal's decision favored the Assessee based on the availability of interest-free funds and the precedent set in a previous case, leading to the deletion of the interest disallowance on capital work-in-progress for the relevant assessment year.
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