JALARAM ENTERPRISES CO. P. LTD.,MUMBAI vs. ACIT CENT CIR. 3, MUMBAI

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ITA 4988/MUM/2016Status: DisposedITAT Mumbai29 August 2019AY 2011-124 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the assessee had subsequently added back the claimed interest in its computation of income. Upholding the disallowance would lead to a double addition, which is not permissible. Therefore, the addition was deleted.

What were the facts?

The assessee claimed interest expenses in its profit and loss account. The AO disallowed this claim, considering it not for business purposes. The CIT(A) upheld the disallowance.

What were the issues?

Whether the disallowance of interest expenses is justified when the assessee has already offered the same amount for taxation by way of add-back in the computation of income.

Which sections of the Income-tax Act were involved?

Section 36(1)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Hearing: 29.08.2019Pronounced: 29.08.2019

AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: This appeal of assessee is arising out of the order of Commissioner of Income Tax (Appeals)-47, Mumbai in Appeal No. CIT(A)-36/AP.10/14- 15 dated 28.06.2016. The Assessment was framed by the Asst. Commissioner of Income Tax-Circle 3, Mumbai (in short ACIT/ITO/ AO) for AY 2011-12 vide dated 29.03.2014, under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’). The only issue in this appeal of assessee is against the order of 2. CIT(A) confirming the action of the AO in disallowing the claim of 2 | P a g e ITAs No.4988/MUM/2016 deduction under section 36(1)(iii) of the Act, amounting to ₹ 8,13,316/- on account of interest. For this, assessee has raised the following two grounds, which are revised grounds: - “(i) BECAUSE, Id. CIT(A) has erred in law and on facts in upholding the disallowance of ₹ 8,12,315/- under section 36(1)(iii) ignoring the fact that the appellant has not claimed deduction under section 36(1)(iii) of the Act, and that the total amount of ₹ 10,80,897.45 showing in Profit and loss account has been written back in computation of income.

1(ii) Because, the CIT(A) has erred in law and on facts in ignoring the fact the out of ₹ 7,73,734/-, ₹ 4,05,663/- and ₹ 2,01,477/- have already been allowed by her under section 24(b) and disallowance of ₹ 1,66,574 has been accepted in first appellate proceedings.”

We have heard the rival contentions and gone through the facts 3. and circumstances of the case. We noted that the assessee has claimed the interest expenses in the profit and loss account amounting to ₹ 8,13,316/- by debiting the same to the profit and loss account according to AO this interest is not for the purpose of business and this is in respect of capital borrowed for the purpose of advancing the funds for non- business purposes. Hence, he disallowed the interest claimed by assessee. Aggrieved, assessee preferred the appeal before CIT(A) who also confirmed on the same reasoning. Aggrieved, assessee came in appeal before us.

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