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2020 (11) TMI 306 - AT - Income TaxDisallowance of interest expenditure - CIT(A) had disallowed interest expenditure on the ground that details pertaining to nexus between borrowed funds and the investments in various assets is not available on record and hence it is not possible to determine the quantum of interest expenditure allowable - HELD THAT - As decided in own case 2017 (12) TMI 1668 - ITAT MUMBAI we set aside the order of the CIT(A) and direct the AO to allow deduction in respect of said interest accrued and calculated at 12% per annum after disallowing proportionate interest in respect of the investment in shares after verifying the calculation of the interest quantification. Capitalization of interest - interest attributable to acquisition of shares and securities - HELD THAT - As decided in own case 2017 (12) TMI 1668 - ITAT MUMBAI direct the AO to treat the proportionate interest disallowed in each assessment year to be part of cost of acquisition of shares and securities. Addition of personal household expenses - HELD THAT - Reduce the addition on account of household expenses to 50% and sustain the addition left. Levy of interest u/s 234A, 234B and 234C - HELD THAT - As relying on own case 2017 (12) TMI 1668 - ITAT MUMBAI issue has been sent back to the Assessing Officer to recompute interest u/s. 234B of the Act with a direction.
Issues Involved:
1. Reopening of assessment under Section 147 of the Income Tax Act. 2. Disallowance of interest expenditure. 3. Capitalization of interest expenditure. 4. Addition on account of personal household expenses. 5. Levy of interest under Sections 234A, 234B, and 234C of the Income Tax Act. Detailed Analysis: 1. Reopening of Assessment under Section 147 of the Income Tax Act: The appellant did not press this ground. Hence, no further discussion was made on this issue. 2. Disallowance of Interest Expenditure: The assessee challenged the disallowance of interest expenditure amounting to ?4,50,52,976/-. The Ld. CIT(A) disallowed the interest expenditure due to the lack of detailed nexus between borrowed funds and investments. However, this issue had been decided in favor of the assessee in previous years. The Tribunal followed the precedent set in the assessee's own case for A.Y. 2010-11 & 2011-12 and other related cases, allowing the deduction of interest expenditure to the extent of gross assessed income. The Tribunal directed the AO to recalculate the interest income and allow the deduction accordingly. 3. Capitalization of Interest Expenditure: The assessee contended that the interest expenditure disallowed under Section 14A should be capitalized to the cost of shares. The Tribunal referred to the assessee’s own case for A.Y. 2010-11 & 2011-12 and other related cases, where it was directed that the proportionate interest disallowed should be treated as part of the cost of acquisition of shares and securities. The Tribunal upheld this view and directed the AO to treat the disallowed interest accordingly. 4. Addition on Account of Personal Household Expenses: The assessee challenged the addition of ?6,00,000/- on account of personal household expenses under Section 69C. The Tribunal noted that in similar cases, including the assessee's own case for A.Y. 2010-11 & 2011-12, the disallowance was consistently reduced to 50% of the amount sustained by the Ld. CIT(A). Following this precedent, the Tribunal reduced the addition to ?1,50,000/- for each assessment year. 5. Levy of Interest under Sections 234A, 234B, and 234C: The assessee argued against the levy of interest under Sections 234A, 234B, and 234C. The Tribunal referred to the assessee’s own case for A.Y. 2010-11 & 2011-12, where the issue was remanded to the AO to recompute the interest in accordance with the Tribunal's directions. The Tribunal upheld this approach and directed the AO to recompute the interest accordingly. Conclusion: The Tribunal allowed the appeals filed by the assessee, directing the AO to: - Recalculate the interest income and allow the deduction of interest expenditure. - Treat the proportionate disallowed interest as part of the cost of acquisition of shares and securities. - Reduce the addition on account of personal household expenses to ?1,50,000/-. - Recompute the interest under Sections 234A, 234B, and 234C in accordance with the Tribunal's directions. The consolidated order was pronounced in the open court on 04.11.2020, allowing both appeals filed by the assessee.
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