2019 (6) TMI 1219 - AT - Income Tax

Denial claim of interest expenditure - deduction from the short term capital gain - shares kept for investment purposes as the funds available with M/s. Moti Lal Oswal are mixed funds - HELD THAT - CIT(A) upheld the action of the AO on the ground that no interest was paid by the assessee for the period prior to purchase of shares. The assessee that the interest expenditure of 10, 76, 258/- was incurred on borrowings made for acquisition of investments made in shares and there are no mixed funds and that it is a separate account in which no other transaction has been carried out except of the shares on which short term capital gain has been earned. It is the submission of assessee that in assessment year 2013-14 assessee has also paid interest to Moti Lal Oswal Financial Services amounting to 4, 90, 555/- which was accepted by the department and allowed as deduction from short term capital gain. From the various details furnished by the assessee it requires a re-visit to the file of the Assessing Officer to adjudicate the issue afresh in the light of the various submissions made by the assessee before me. Needless to say the AO shall give due opportunity of being heard to the assessee and decide the issue as per fact and law.

Summary

Issues Involved:
- Disallowance of interest expenses claimed by the assessee in computing Short Term Capital Gain.
- Whether interest paid on borrowed money for acquisition of shares can be added to the cost of acquisition for computing capital gains.

Analysis:
1. The Assessing Officer disallowed the interest expenses claimed by the assessee on the grounds that the expenses were not solely related to the shares kept for investment purposes and that the method of allocation resulted in disproportionate charging of interest. The AO also observed that the interest expenses were not allowable as part of the cost of acquisition of shares.

2. The CIT(A) upheld the AO's decision, stating that no interest was paid by the assessee for the period prior to the purchase of shares. He cited judgments from the Hon'ble Calcutta High Court and the Karnataka High Court, along with decisions from ITAT Mumbai, to support the disallowance of interest on borrowings for the purchase of shares as part of the cost of shares for capital gains computation.

3. The assessee appealed to the Tribunal, arguing that the interest expenses were incurred on borrowings made for acquiring shares, and there were no mixed funds involved. The assessee claimed that interest was paid only on the shares for which short term capital gain was earned, and detailed statements were provided to support the allocation of interest against each investment.

4. After considering the arguments from both sides and reviewing the submissions made by the assessee, the Tribunal held that a re-examination of the issue was necessary. The Tribunal directed the Assessing Officer to reconsider the matter in light of the assessee's submissions, providing an opportunity for the assessee to be heard and deciding the issue based on facts and law.

5. Ultimately, the Tribunal allowed the appeal filed by the assessee for statistical purposes, indicating that the matter needed further examination and consideration by the Assessing Officer.

This detailed analysis of the judgment highlights the key arguments, decisions, and directions provided by the authorities involved in the case regarding the disallowance of interest expenses claimed by the assessee for computing Short Term Capital Gain and the treatment of interest paid on borrowed money for the acquisition of shares in the computation of capital gains.