Assessee-company paid lease rent to its Managing Director, in respect of property taken on lease for carrying out business activity Assessee claimed deduction of interest on borrowed capital. Assessing Officer disallowed the same on the ground that assessee had diverted the borrowed amount in guise of a lease advance to its Managing Director.Tribunal held that the revenue could not point out as to which concrete clinching evidence of incriminating nature was omitted from consideration by it while deleting the addition made under section 68, and, thus, it remanded the case for consideration afresh. On appeal, the Court held that since the Tribunal remanded the disallowance without recording findings on business purpose and diversion of borrowed funds, the remand order passed by the Tribunal was set aside for fresh adjudication. Tribunal, despite recording admitted delay in payment of employees’ contribution, remanded the issue without recording reasons as to allowability; the impugned remand order was unsustainable and liable to be set aside for fresh adjudication. (AY. 2013-14 to 2015-16)
Pr. CIT, Central v. Lalitha Jewellery Mart (P) Ltd. (2026) 308 Taxman 462 (Mad)(HC)
S. 254(1): Appellate Tribunal-Powers-Interest on borrowed capital-Lease rent-Tribunal remanded disallowance without recording findings on business purpose and diversion of borrowed funds-Remand order passed by Tribunal liable to be set aside for fresh adjudication-Any sum received from employees-Tribunal, despite recording admitted delay in payment of employees’ contribution, remanded issue without recording reasons as to allowability, impugned remand order was unsustainable and liable to be set aside for fresh adjudication. [S. 36(1)(iii), 36(1)(va), 260A]
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