2023 (12) TMI 331 - AT - Income Tax

Deduction claimed u/s. 57(iii) - claim disallowed as assessee has failed to establish nexus between the interest income earned and interest expenditure which is wholly and exclusively for the purpose of making or earning such interest income - CIT(A) deleted addition - HELD THAT - We find that AO has not disputed on the genuineness of claim of interest, which are duly supported with the audited financial statements and books of accounts maintained as per the provisions of the Act. Whereas, the assessee has demonstrated with the material evidences, the nexus between the interest income earned and interest expenditure claimed based on the Audited financial statements. Further the interest expenditure claimed is wholly and exclusively for the purpose of earning the interest income on advances and loans based on the evidences filed before the revenue authorities. CIT(A) has considered the facts, submissions and relied on the methodology of allocation of interest component and has passed a conclusive and reasoned order. Accordingly, we do not find any infirmity in the order of the CIT(A) on the disputed issues and uphold the same and dismiss the grounds of appeal of the revenue.

Summary

Issues Involved:
1. Whether the CIT(A) erred in allowing the deduction claimed under Section 57(iii) of Rs. 5,92,19,931/-.
2. Whether the CIT(A) erred in allowing the deduction on interest under Section 57(iii) on a proportionate basis without the assessee proving the nexus between the loans availed and loans given.

Summary:

Issue 1: Deduction under Section 57(iii)
The revenue contested the CIT(A)'s decision to allow the deduction claimed under Section 57(iii) of Rs. 5,92,19,931/-, arguing that the assessee failed to establish the nexus between the interest income earned and the interest expenditure incurred wholly and exclusively for earning such income. The assessee, engaged in leasing commercial properties, disclosed various incomes and filed returns, which were processed and scrutinized. The AO found the assessee's explanation unsatisfactory and disallowed the deduction, citing the lack of a proven nexus. The CIT(A), however, considered the submissions, factual aspects, and judicial decisions, and allowed the deduction, leading the revenue to appeal to the Tribunal.

Issue 2: Proportionate Basis Deduction
The revenue argued that the CIT(A) erred in allowing the deduction on a proportionate basis without the assessee proving the nexus between the loans availed and loans given. The AO noted that the assessee could not explain the nexus between the interest paid and received, leading to the disallowance of Rs. 5,92,19,931/- under Section 57(iii). The CIT(A) found the assessee's allocation of interest expenses on a reasonable and pro-rata basis to be consistent and logical, satisfying the requirements of Section 57(iii). The Tribunal upheld the CIT(A)'s decision, noting that the assessee had demonstrated the nexus with material evidence and that the interest expenditure was incurred wholly and exclusively for earning interest income.

Conclusion:
The Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s order that allowed the deduction under Section 57(iii) on a proportionate basis, finding no infirmity in the CIT(A)'s conclusive and reasoned order. The appeal filed by the revenue was dismissed, and the order was pronounced in the open court on 23.11.2023.