2021 (12) TMI 494 - AT - Income Tax

Disallowance of Interest u/s 36(1) (iii) - admission of additional evidence which was rejected by the CIT(A) - HELD THAT - Additional evidences and the paper book filed in support of non submission of the evidence due to reasons beyond the control of the assessee. We find the reasonable cause explained by the assessee in respect of the death of the father of the CA/ AR who appeared before the Assessing officer cannot be overruled. Accordingly we are of the opinion that the assessee should not suffer for non filing of material information, as the evidences played vital role and we admit the additional evidence. Accordingly, to meet the ends of justice and considering the principles of natural justice, we set aside the order of the CIT(A) and restore the entire disputed issue along with the additional evidence to the file of the CIT(A) to adjudicate fresh on merits and the assessee should be provided adequate opportunity of hearing. The assessee should cooperate in filling the information for early disposal of the appeal and allow the grounds of appeal of the assessee for statistical purposes.

Issues Involved:
1. Admissibility of additional evidence u/r 46A
2. Disallowance of Interest ?53,72,694/- u/s 36(1)(iii)
3. Estimation of notional interest income of ?94,72,099/-
4. Addition of Interest Income of ?7,22,097/-
5. Allowance of Deduction u/s 80G of ?1,75,500/-
6. Deletion of Interest and Penalty

Admissibility of Additional Evidence u/r 46A:
The appellant contested the CIT(A)'s refusal to admit additional evidence u/r 46A, arguing that the evidence was crucial for the case and should have been considered. The appellant cited sufficient cause for not presenting the evidence earlier, related to business advances and donations. The Tribunal acknowledged the reasons provided by the appellant, including medical emergencies, and held that the additional evidence was significant for decision-making. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the issue back to the CIT(A) for fresh adjudication, emphasizing the importance of natural justice and providing the appellant with a fair hearing.

Disallowance of Interest ?53,72,694/- u/s 36(1)(iii):
The AO disallowed the interest claimed on loans and provided to related concerns out of interest-bearing loans. The CIT(A) upheld this disallowance as the appellant failed to provide satisfactory explanations. The Tribunal noted the AO's calculations under Sec. 36(1)(iii) and the CIT(A)'s decision. However, due to the admission of additional evidence, the Tribunal remanded this issue back to the CIT(A) for a fresh decision, emphasizing the need for a fair hearing and proper consideration of all evidence.

Estimation of Notional Interest Income of ?94,72,099/-:
The AO estimated notional interest income on business advances and fully disallowed the actual interest expense without verifying the direct relation to the appellant's business. The CIT(A) confirmed this estimation without proper consideration of the appellant's submissions. The Tribunal, after admitting additional evidence, found the estimation flawed and remanded the issue back to the CIT(A) for proper assessment based on the fresh evidence and principles of natural justice.

Addition of Interest Income of ?7,22,097/-:
The AO added interest income already shown in the profit & loss account, alleging underreporting. The CIT(A) upheld this addition despite the appellant's explanations and clarifications. The Tribunal, after considering the evidence submitted, concluded that the interest income was taxed twice and ordered the deletion of the additional income, emphasizing the importance of accurate assessment and proper consideration of submissions.

Allowance of Deduction u/s 80G of ?1,75,500/-:
The CIT(A) denied the deduction under section 80G, citing lack of donation receipt copies. The appellant argued that the receipts were submitted earlier, but the CIT(A) disregarded this. The Tribunal, after reviewing the submissions, found in favor of the appellant, emphasizing the need for proper verification and consideration of all relevant documents to allow legitimate deductions.

Deletion of Interest and Penalty:
The CIT(A) imposed interest and penalties under various sections, which the appellant challenged. The Tribunal found merit in the appellant's contentions and ordered the deletion of interest and penalties, emphasizing the need for a fair and just assessment process. The Tribunal allowed the appeal for statistical purposes, ensuring proper adjudication and consideration of all relevant factors in the case.

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