• Kandivali West Mumbai 400067, India
  • 022 39167251
  • support@email.com
June 29, 2022

ITAT removes addition for interest accrued on non-performing assets

by CA Shivam Jaiswal in Income Tax, Legal Court Judgement

ITAT removes addition for interest accrued on non-performing assets

Facts and issues of the case

The three appeals are filed by the Revenue and these are directed against three separate orders of learned CIT(A), Davangere all dated 28.04.2014 for the Assessment Years 2011-12, 2013-14 and 2014-15. All these three appeals were heard together and are being disposed of by way of this common order for the sake of convenience. At the very outset, it was submitted by learned AR of the assessee that one appeal for Assessment Year 2014-15 in ITA No.1405/Bang/2019 is having tax effect below 50 lakhs and therefore, this appeal of the Revenue is not maintainable in view of the low tax effect as per the CBDT’s recent instructions. Accordingly, this appeal of the Revenue is dismissed because of low tax effect because we find that in this year, the addition of only of Rs.78,15,063/- was made by the AO and therefore, tax effect is definitely below Rs.50 lakhs.

Observation by the court

The court has considered the rival submissions. We find that in both these years, the only issue involved is regarding the addition made by the AO on account of interest accrued on non-performing assets (NPA) which was deleted by CIT(A). This addition was deleted by learned CIT(A) by following the judgment of Hon’ble Apex Court rendered in the case of UCO Bank Vs. CIT 237 ITR 889 (1999) and of Hon’ble Karnataka High Court rendered in the case of CIT Vs. Canfin Homes Ltd., 347 ITR 0382. It could not be shown by learned DR of the Revenue as to how these judgments are not applicable in the present case and since, the order of CIT(A) is by following these two binding judgments of Hon’ble Apex Court and of Hon’ble Karnataka High Court, we decline to interfere in the order of CIT(A) in both these years.

Conclusion

The court disposed off the petition and ruled in favour of the assessee

Read the full order from below

ITAT-removes-addition-for-interest-accrued-on-non-performing-assets

Enter your email address:

Subscribe to faceless complainces