PRINCIPAL COMMISSIONER OF INCOME TAX 2 vs. GUJARAT LEASE FINANCING LTD
What did the High Court hold?
The High Court held that no question of law arose for consideration on the first issue regarding the addition under Section 36(1)(iii). The Tribunal had relied on the Supreme Court judgment in S.A. Builders and noted that the loans and advances were given to subsidiary companies for their business purposes and were utilized as such. For the second issue concerning depreciation on lease assets, the Tribunal allowed depreciation on the ground that the transaction was genuine, the assessee demonstrated ownership and genuineness of the lease, and the lease rentals were accepted and taxed. The Court found that this was a finding of fact and that the Assessing Officer had accepted the lease rentals as income, making the denial of depreciation unsustainable. The third and fourth issues, concerning the Section 14A disallowance, were also held not to raise a question of law. The Tribunal had noted that the assessee had sufficient interest-free funds for investments in tax-free income-earning assets and had apportioned Rs. 2,00,000 for administrative expenses. The Court found no question of law arising from this restriction. Consequently, the tax appeal was dismissed.
What were the facts?
The Principal Commissioner of Income Tax 2 filed an appeal before the High Court of Gujarat at Ahmedabad challenging the order of the Income-tax Appellate Tribunal (ITAT) dated November 16, 2017. The appeal raised four questions of law. The ITAT had reversed the order of the CIT(A) concerning an addition of Rs. 5,84,300 on account of interest under Section 36(1)(iii). The ITAT also deleted the disallowance of depreciation of Rs. 16,45,341 on lease assets and restricted a disallowance under Section 14A from Rs. 46,35,567 to Rs. 2,00,000. The revenue contended that the ITAT erred in these decisions, particularly regarding the application of the 'theory of apportionment' in relation to expenses.
What were the issues?
1. Whether the Appellate Tribunal was right in law and on facts in reversing the order of the CIT(A) and deleting the addition of Rs. 5,84,300 made on account of interest under Section 36(1)(iii) of the Act? 2. Whether the Appellate Tribunal erred in law and on facts in deleting the disallowance of depreciation of Rs. 16,45,341 in respect of lease assets? 3. Whether the Appellate Tribunal was justified in restricting the disallowance of Rs. 46,35,567 under Section 14A of the Act to Rs. 2,00,000? 4. Whether the Appellate Tribunal erred in not following the decision of the Hon'ble Supreme Court in Maxopp Investment Ltd. vs. CIT, New Delhi, which applied the 'theory of apportionment' of expenses (including interest)? Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The revenue, as the appellant, raised the above questions of law, arguing that the ITAT's decisions on the deletion of interest addition, depreciation disallowance, and restriction of Section 14A disallowance were erroneous. Specifically, the revenue argued that the ITAT failed to follow the Supreme Court's decision in Maxopp Investment Ltd. regarding the theory of apportionment of expenses.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
C/TAXAP/1022/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1022 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX 2 Versus GUJARAT LEASE FINANCING LTD ========================================================== Appearance: MR MR BHATT, SENIOR ADVOCATE with MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA
Date : 13/08/2018
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
This appeal is filed by challenging the judgment of the Incometax Appellate Tribunal dated 16.11.2017. Following questions have been raised for our consideration. “(A) Whether the Appellate Tribunal is right in law and on facts in reversing the order of the CIT(A) and thereby deleting the addition of Rs.5,84,300/ made on account of interest u/s.36(i)(iii) of the Act ?
(B) Whether the Appellate Tribunal erred in law and on facts in deleting the disallowance
depreciation
of Rs.16,45,341/ in respect of lease assets ?
Page 1 of 4
C/TAXAP/1022/2018 ORDER (C) Whether the Appellate Tribunal was justified in restricting the disallowance of Rs.46,35,567/ under Section 14A of the Act to the extent of Rs.2,00,000/ ?
(D) Whether the Appellate Tribunal has erred in not following the decision of the Hon'ble Supreme Court in the case of Maxopp Investment Ltd vs. CIT, New Delhi, which has applied the “theory of apportionment” of expenses (including interest) ?” 2. The fist question pertains to the addition under Section 36(1)(iii) of the Incometax Act, 1961 made by the Assessing Officer. While deleting addition Tribunal relied on the judgment of the Supreme Court in the case of S. A. Builders, reported in 288 ITR page 1. The Tribunal noted that undisputedly the loans and advances were given by the assessee to the subsidiary companies for the purpose of their business and there was no dispute that such advances were utilized by the subsidiaries for their businesses. No question of law in this regard therefore arises.
Second question pertains to the assessee's claim of depreciation on the leased asset. Assessing Officer was of the opinion that the transaction itself was not genuine and therefore
the
assessee's
claim
for Page 2 of 4
C/TAXAP/1022/2018 ORDER depreciation was not sustainable. Tribunal in the
impugned
judgment
allowed
such depreciation, inter alia, on the ground that the transaction was genuine. The assessee had demonstrated ownership of the assets, genuineness of the lease transaction, user of leased asset for the purpose of the business of earing lease rental. Such lease rental was accepted by the Assessing Officer and taxed the same.
Quite apart from such finding of the Tribunal regarding genuineness of the transaction being a finding of fact what emerges further is that the Assessing Officer had accepted lease rental as income of the assessee and taxed the same. It was on this ground that the Tribunal was of the opinion that the depreciation of leased asset cannot be denied. This question therefore also does not require consideration. We are conscious that in case of this very assessee, the question is admitted by the High Court notably in Tax Appeal No.1464 of 2009. The order of admission dated 7.3.2011 is produced before us. However, upon more careful examination of facts on record in our opinion this question does not require any further consideration. Page 3 of 4
C/TAXAP/1022/2018 ORDER
Third and fourth questions overlap and essentially put into restricting the disallownace under Section 14(A) of the Act to Rs.2 lacs as compared to much larger disallowance made by the Assessing Officer. In this context the Tribunal had noted that the assessee had sufficient interest free funds for making investment in assets earning tax free income. It was in this background that the Tribunal deleted the disallownace but apportioned Rs.2 lacs for administrative expenses. Here also no question of law arises therefore, tax appeal is dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) K.K. SAIYED Page 4 of 4
More judgments on Section 36(1)(iii)
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- Ami Industries, Surendranagar vs The ITO Ward 1, SurendranagarITA 148/RJT/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
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