Asian Box Corporation. v. PCIT (2023) 201 ITD 269 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Expenditure claimed-Allowability of interest-Verified in the course of original assessment proceedings-Revision order is quashed.[S.36(1)(iii), 56, 57]

Assessee borrowed interest bearing funds and partly utilized same to earn interest income. It incurred interest expenditure on interest bearing funds and inadvertently claimed same against interest income and had shown balance interest expenditure under head ‘income from other sources’ and claimed deduction of same under section 57.  Assessing Officer after considering assessee’s reply regarding expenditure claimed under section 57 allowed interest expenditure. Commissioner passed the Revision order. On appeal the Tribunal held that since Assessing Officer after considering details of expenditure claimed by assessee under section 57 had allowed interest expenditure and in immediate proceeding year similar claim of interest expenditure was allowed to assessee under section 36(1)(iii), there was neither any lack of enquiry by Assessing Officer during assessment proceedings nor there was any prejudice which had been caused to department. Revision order is set aside.  (AY.2017-18)

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