2024 (10) TMI 867 - AT - Income Tax

Disallowance of interest to MSME and prior period expenditure u/s 37 - HELD THAT - While giving the break up, the assessee has wrongly mentioned disallowance of MSME interest and prior period expenses in Column-I i.e. amount of any liability of a contingent nature, it is an apparent mistake which was brought to the notice of ld. CIT (A). CIT (A) rejected the same disbelieving the assessee that assessee has not disallowed the present amount. After considering the relevant facts on record, in our considered view, since there is no specific column for disallowance of MSME interest and prior period expenses in Part-A of return of income, the assessee has wrongly included the same in Column (i) which is meant for disallowance of contingent liability. Since the mistake is apparent on record we are inclined to allow the claim of the assessee. Otherwise it will amount to double disallowance. Accordingly, grounds raised by the assessee are allowed.

Summary

Issues:
Disallowance of interest to MSME under the Income-tax Act, 1961; Principles of natural justice violation; Double taxation concern; Correct interpretation of disallowed amounts in the return of income.

Analysis:
The appeal was filed against the order of the Ld. Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre for the Assessment Year 2021-22. The dispute arose when an amount of Rs. 1,07,04,630/- was added back in the intimation order passed under section 143(1)(a) of the Income-tax Act, 1961. The specific issue raised by the assessee was the disallowance of Rs. 3,82,508/-, which was initially disallowed by the assessee itself and was part of the total disallowance made under section 37 of the Act. The assessee contended that it should have been given an opportunity to be heard before the disallowance, citing a violation of natural justice principles. The Ld. CIT (A) observed that the amount in question was already included in the total disallowance made by the assessee. However, the assessee argued that the disallowance was wrongly categorized as contingent liability, leading to the appeal.

The grounds of appeal raised by the assessee included contentions on the disallowance of interest to MSME, violation of natural justice, double taxation concerns, and the right to amend grounds of appeal. During the hearing, the assessee presented evidence showing that the disallowed amount of Rs. 3,82,508/- was already accounted for in the computation of income and taxes paid. The assessee highlighted various documents to support the claim that the amount had been disallowed and rectified under section 154 of the Act. The Revenue, on the other hand, relied on the findings of the Ld. CIT (A) and a rectification order passed under section 154.

After considering the submissions and evidence, the Appellate Tribunal observed that the assessee had declared the disallowed amount in the return of income but had mistakenly categorized it under contingent liability. Since there was no specific column for disallowance of MSME interest and prior period expenses in the return of income, the Tribunal allowed the claim of the assessee to avoid double disallowance. The Tribunal emphasized that the mistake was apparent on record, and disallowing the amount again would lead to double taxation. Therefore, the grounds raised by the assessee were allowed, and the appeal was granted in favor of the assessee.

In conclusion, the Tribunal's decision focused on the correct interpretation of the disallowed amounts in the return of income, ensuring that the assessee was not subjected to double taxation due to a procedural error in categorizing the disallowed amounts. The judgment highlighted the importance of clarity and accuracy in representing disallowed expenses to prevent unjust financial implications for the assessee.