DCIT CENT. CIR. - 2(1), MUMBAI vs. DHANERA DIAMONDS, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(A) correctly deleted the disallowance as there was no evidence to suggest that interest-bearing loans were diverted for interest-free advances. The assessee had sufficient own funds, including partner's capital and accumulated profits, to cover these advances.
What were the facts?
The Assessing Officer disallowed interest expenditure of Rs. 36,31,377/- on interest-free loans and advances given by the assessee to sister concerns, friends, and relatives. The CIT(A) deleted this disallowance, holding that the assessee had sufficient own funds and no nexus was established between interest-bearing loans and interest-free advances.
What were the issues?
Whether the disallowance of interest expenditure on interest-free advances is justified when the assessee has sufficient own funds and no nexus is established with interest-bearing loans.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. HDFC Bank Ltd.1,261 citing366 ITR 505 · 2014 · HC
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI C.N. PRASAD, JM & SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)
The captioned appeal by revenue for Assessment Year [AY] 2011- 12 contest the order of Ld. Commissioner of Income-Tax (Appeals) - 48 Dhanera Diamonds Assessment Year 2011-12 [CIT(A)], Mumbai Appeal No.CIT(A)-48/IT-126/DCCC-2(1)/2015-16 dated 26/07/2016. The assessment for impugned AY was framed by Ld. Deputy Commissioner of Income Tax, Central Circle-2(1) on 20/03/2015 u/s 143(3) of the Income Tax Act, 1961. The effective grounds raised before us reads as under:- I. Whether on the facts and circumstances of the case, the Ld. CIT(A) was correct in deleting disallowance of Rs.36,31,377/- being the interest corresponding to the interest free loans and advances given by the assessee to the sister concern, friends and relatives, without appreciating that the funds were mixed funds and the assessee failed to establish that interest bearing funds were not utilized for advancing loans to sister concerns and relatives. II. Whether on the facts and circumstances of the case, the Ld. CIT(A) was justified in relying on the decision in the case of HDFC Bank Limited 366 ITR 505 which was on the issue of investment resulting an exempt income for the purpose of u/s. 14A and the facts of the present case are different that of HDFC Bank Limited.
None has appeared for assessee despite notice. Left with no option we proceed to dispose-off the appeal on the basis of material available on record and after hearing Ld. Departmental Representative [DR]. 2.1 Facts leading to the same are that the assessee being resident firm has been assessed for impugned AY at Rs.21.80 crores after certain additions as against returned income of Rs.21.16 crores e-filed by the assessee on 23/09/2011. One of the addition pertains to disallowance of interest expenditure for Rs.36,31,377/-, which is the sole subject matter of this appeal. 2.2 During assessment proceeding, it was noted that the interest expenditure debited to profit & loss account reflected substantial jump during impugned AY. It was found that certain interest free loans and advances were granted by the assessee to various entities, as extracted in the quantum assessment order. The Ld. AO adopted notional interest Dhanera Diamonds Assessment Year 2011-12 rate of 8% against the same and worked out impugned interest disallowance and added the same to the income of the assessee.
The assessee contested the same with success before Ld. CIT(A) vide impugned order dated 26/07/2016 and made various submissions. After due consideration, the Ld. CIT(A) concurred with the same and allowed the assessee’s claim by making following observations:- 4.1 I have considered the assessment order and submissions made by the appellant and material available on record. The AO disallowed Rs.36,31,377/- on the basis of working furnished by the appellant without linking the interest free advances with the interest bearing loans obtained by the appellant from bank etc. The Assessing Officer has not established the nexus between the interest bearing loan and the interest bearing loans given to sister concerns, friends and relatives. On the other hand, it is the case of the appellant that it had opening balance of Rs.46.43 crore and closing balance of Rs.59.12 crore in the partners’ balances, which was never in debit during the entire year. No interest on the credit balance on the partners’ capital accounts was paid. Apart from interest free capital, the appellant had also interest free unsecured loans to the tune of Rs.0.67 crore at the beginning of the year and Rs.5.02 crore at the end of the year. Further the appellant had earned post tax net profit of Rs.10.15 crore during the years which was also sufficient to meet the interest free loan of Rs.1.86 crore to sister concerns. Interest Is paid to bank on borrowings for business purposes. The appellant has also relied upon the decision of the Hon’ble jurisdictional Bombay High Court in the case of HDFC Bank Ltd. (366 ITR 505). 4.2 The Ld. AR further relied on the decision of CIT(A)-37, Mumbai (Appeal No. CIT(A)-37/I.T.124/ACCC-11/10-11 dated 19.04.2011) in appellant’s own case for A,Y,2008-09. I find that the CIT(A) has allowed the assessee’s appeal for the reason that there was sufficient self owned funds and in absence of nexus between interest bearing loans utilized for non-interest bearing loans given, the disallowance was held as not justified. I find that the facts of the present case are similar to that of the case decided by my predecessor in appellants’ own case for AY 2008-09. Considering the above, the AO is directed to delete the disallowance of Rs.36,31,377/- in the light of the decision of Hon’ble Bombay High Court as mention in the preceding paragraphs. Accordingly, the ground of appeal is allowed.
Aggrieved, the revenue is in further appeal before us.
Dhanera Diamonds Assessment Year 2011-12 4. The Ld. DR, placing reliance on the stand of Ld. AO, submitted that the onus was on assessee to prove the factual matrix before Ld. AO and therefore, the impugned additions were justified.
We have carefully heard the contentions and perused relevant material on record. After delving upon the observations of Ld. CIT(A) as extracted above, we find that Ld. CIT(A) has clinched the issue in the right perspective since there is no evidence on record to suggest that interest bearing loans were diverted by the assessee to grant interest free advances to various entities. The Ld. CIT(A) has already noted that there was sufficient credit balance in partner’s capital account and unsecured loans to cover the interest free loans granted by the assessee which is also supported by the fact that the assessee had healthy accumulated profits during impugned AY. In the absence of clear nexus between interest bearing loans obtained by the assessee and interest free advances granted by the assessee, a presumption has to be drawn in assessee’s favor in terms of cited judgment of Hon’ble Bombay High Court.
The Ld. CIT(A) has also placed reliance on the decision of its predecessor in assessee’s own case for AY 2008-09. The revenue is unable to controvert the same in any manner. Therefore, from any angle, we find no infirmity in the order of Ld. first appellate authority and hence, no hesitation in dismissing revenue’s appeal.
Resultantly, the revenue’s appeal stands dismissed.
Dhanera Diamonds Assessment Year 2011-12 Order pronounced in the open court on 13th March, 2018.
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