UPPAL MOTORS (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the penalty under Section 271(1)(c) was not leviable as the company had purchased the flat for its staff, which was duly reflected in its books of account. There is no prohibition for a company to provide residential accommodation to its employees.
What were the facts?
The assessee company purchased a residential flat using a housing loan. The Assessing Officer disallowed the interest on the loan, treating the flat not as a fixed asset, and consequently imposed a penalty. This penalty was upheld by the CIT(A).
What were the issues?
Whether penalty under Section 271(1)(c) can be imposed for disallowance of interest on a loan taken to purchase a residential flat for company staff.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : SMC-I : NEW DELHI
Before: SHRI R.S. SYAL
ORDER This appeal filed by the assessee is directed against the order of the CIT(A) passed on 23.7.2014 in relation to the assessment year 2007-08 upholding penalty of Rs.1,64,061/- imposed by the AO u/s 271(1)(c) of the Act.
Briefly stated, the facts of the case are that the assessee is a company, an authorized dealer of Hero Honda Motorcycles. It raised a housing loan from ICICI Bank during the year whose outstanding balance stood at the end of the year at Rs.90,46,574/-. With this loan, the company purchased a residential flat worth Rs.1,11,16,696/-. On a perusal of the Buyer’s agreement of this flat, the AO observed that the assessee purchased a residential flat which could not be used for commercial purpose. He, therefore, refused to treat such flat as `Fixed asset’ and also made disallowance of interest on loan amounting to Rs.4,87,410/-. Pursuant to this disallowance, penalty was imposed u/s 271(1)(c), which came to be affirmed in the first appeal.
I have heard the rival submissions and perused the relevant material available on record. The disallowance of interest, leading to imposition of penalty, is on account of purchase of flat by the assessee company. A copy of resolution passed by the Board of Directors is available on page 56 of the paper book as per which the flat was purchased for company’s staff. A copy of the Buyer’s agreement is available on page 46 of the paper book which evidences that it was the company who purchased the said flat. I am unable to comprehend as to how any penalty can be imposed or confirmed u/s 271(1)(c) in the given circumstances, when the assessee company purchased a flat for its staff, whose investment was duly reflected in the books of account. There is no bar on a company providing residential accommodation to its employees. When the Buyer’s agreement disclosed the assessee as purchaser of flat which was duly reflected in the books of account of the assessee, in my considered opinion, no penalty could have been imposed u/s 271(1)(c) towards disallowance of interest paid by the assessee company on loan taken for purchasing the flat. I order for the deletion of the penalty.
In the result, the appeal is allowed.
The order pronounced in the open court on 21.06.2016.
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