2020 (10) TMI 423 - HC - Income Tax

Interest expense on moneys borrowed disallowed u/s 57(iii) - appeal filed before the Tribunal, the assessee contended that the CIT did not consider the statement of confirmations given evidencing that no new loan was taken during the year under consideration - HELD THAT - Assessee specifically stated that the loans were availed through banking channels and the interest amounts were paid to the lenders, who have disclosed the same in their respective return of income and tax had been remitted by them on the interest income. Had AO directed the assessee to produce those lenders to appear for an enquiry by issuing notice, probably correct factual decision would have been ascertained. This aspect had not been dealt with in the impugned order passed by the Tribunal. As mentioned earlier, the Tribunal proceeded on a totally different footing, which neither appears to be the case of the assessee nor that of the Revenue. The assessee cannot be worse off before the Tribunal in his own appeal. Considering the facts and circumstances of the case and taking note of the nature of business activities done by the assessee, we deem it appropriate to set aside the orders passed by the AO, the CIT(A) and the Tribunal and remand the matter to the AO for a fresh consideration. Above tax case appeal is allowed, the orders passed by the AO, the CIT(A) and the Tribunal are set aside and the matter is remanded to the Assessing Officer for a fresh consideration.

Summary

Issues Involved:
1. Disallowance of interest expense under Section 57(iii) of the Income Tax Act, 1961.
2. Review of accepted views by the Department in earlier years.
3. Disallowance of interest expense claimed under Section 57(iii) based on commercial expediency of loans obtained.

Analysis:

Issue 1: Disallowance of Interest Expense under Section 57(iii)
The appellant, an individual and partner in family-run partnership firms, filed an appeal against the disallowance of interest expenses by the Assessing Officer. The appellant contended that the loans were received through proper banking channels and from family members, who were income tax assessees. The CIT(A) dismissed the appeal due to lack of evidence supporting the interest payments. The Tribunal, however, dismissed the appeal on the basis that the borrowed amount was used for investment in other firms as capital, following a decision of the Kerala High Court. The High Court noted that the earlier assessments were not scrutinized, and the genuineness of the appellant's claims should have been examined. The Court set aside the previous orders and remanded the matter to the Assessing Officer for fresh consideration, emphasizing the need for proper examination of the facts.

Issue 2: Review of Accepted Views by the Department
The appellant raised concerns about the Assessing Officer's disallowance of interest deductions, arguing that previous assessments accepted the deductions. The High Court acknowledged that the previous assessments were not scrutinized and emphasized the importance of examining the genuineness of the appellant's claims. The Court highlighted the need for a thorough review of the facts and directed the Assessing Officer to consider all relevant documents before making a decision.

Issue 3: Disallowance of Interest Expense Based on Commercial Expediency
The Tribunal disallowed the interest expense based on the commercial expediency of loans obtained by the appellant for investment in other firms. The High Court, however, noted that the appellant had provided details of the lenders and asserted that loans were obtained through proper channels. The Court directed the Assessing Officer to examine the details provided by the appellant and make a fresh decision based on the merits and in accordance with the law. The Court emphasized the importance of a comprehensive review of the case before disallowing the interest expenses.

In conclusion, the High Court allowed the appeal, set aside the previous orders, and remanded the matter to the Assessing Officer for a fresh consideration, emphasizing the need for a thorough examination of the appellant's claims and supporting evidence.