1979 (9) TMI 16 - HC - Income Tax

Summary

Issues Involved:
1. Admissibility of interest expenditure as a deduction u/s 37(1) of the Income-tax Act, 1961.

Summary:

Issue 1: Admissibility of Interest Expenditure as a Deduction u/s 37(1) of the Income-tax Act, 1961

The assessee, a partner in M/s. Shiv Lal Kanaiya Lal, Delhi, and proprietor of M/s. Ideal Woollen and Silk Mills, Amritsar, had a debit balance of Rs. 1,16,852 in his personal account with the firm as of April 1, 1966. To clear this debt, he arranged for a transfer of Rs. 1,13,500 from M/s. Yog Textile Mills, a proprietary concern of his brother, to his personal account. The assessee claimed interest payments on this amount as a business expense for the assessment years 1967-68 to 1970-71. The ITO disallowed the claim, stating the loan was not for business purposes but for personal expenses and income-tax payments.

The AAC upheld the disallowance, stating the loan was for repaying personal debt and not for business investment, thus not covered by s. 67(3) or s. 36(1)(iii) of the Act. The Tribunal, however, accepted the assessee's claim under s. 37(1), reasoning that the arrangement was to keep the business capital intact and the interest was an expenditure for business purposes.

Upon reference, the High Court examined whether the interest expenditure was laid out wholly and exclusively for business purposes u/s 37(1). The Court noted that the ITO and AAC found the debt was for personal expenses, a fact not reversed by the Tribunal. The Court emphasized that legal determinations must be based on actual facts, not suppositions or motives. Since the debt was for personal expenditure, the interest could not be claimed as a business expense. The Tribunal's reasoning, based on hypothetical scenarios, was deemed legally erroneous.

The Court referenced the Bombay High Court's decision in Bai Bhuriben Lallubhai v. CIT and the Supreme Court's approval in Madhav Prasad Jatia v. CIT, which underscored that the motive behind borrowing is irrelevant if the borrowing is not for business purposes. Similarly, the Allahabad High Court's decision in Madhav Pd. Jatia v. CIT, upheld by the Supreme Court, supported the view that interest on loans for personal donations cannot be claimed as business expenses.

The High Court concluded that the Tribunal's finding was vitiated by considering irrelevant factors and held that the interest claims were not admissible under s. 37(1). The questions were answered in favor of the revenue, disallowing the deductions. No order as to costs was made.