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2016 (9) TMI 751 - ITAT DELHI

2016 (9) TMI 751 - ITAT DELHI - TMI - Disallowance of business loss - assessee has not carried out any business activity during the year under consideration - Held that:- The facts and circumstances prevailing over the disputed year, as emerged from the record before us, are that during this year, the assessee has not shown any business income but has declared business loss; that during this year, the assessee has not shown any business of Vyaj Badla; that during this year, the AO has noticed th .....

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nce sheet and profit and loss account filed before us, as to from which heads of above current assets, the assessee has earned interest income so as to decide the correct nature of interest income. So, proper examination is required on this count at the stage of Assessing Officer. If the impugned interest is found to have been earned by assessee from investments as per schedule-5 of the balance sheet, such interest income cannot be treated as business income as per Generally accepted Accounting .....

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act that the assessee has not done any business of Vyaj Badla during the disputed year. It is also to note that in case all the facts and circumstances emerged during the investigation by AO, are found prevailing over the previous and subsequent years, as contended by assessee, the assessee’s claim will be eligible for allowance by applying the rule of consistency and if found otherwise, or if there is any change in the circumstances, the issue shall be decided in accordance with law whether the .....

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der dated 12.10.2012, whereby the appeal was dismissed. The assessee, thereafter filed a miscellaneous petition No. 06/Del./2013 for seeking rectification in the order dated 12.10.2012, which too stood rejected vide order dated 19.12.2014. The assessee challenged this order, passed in miscellaneous application of assessee, before the Hon ble High Court, who vide order dated 15.02.2016 set aside the order of Tribunal dated 19.12.2014 and restored the appeal in ITA No. 427/Del./2010 of the assesse .....

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r as treatment of the interest income earned by the assessee. 16. Accordingly ITA No. 427/Del/2010 is directed to be listed before the ITAT peremptorily on 14th March, 2016 for a fresh decision on the limited ground of treatment of the interest income earned by the petitioner during A.Y. 2006-07. It is how the present appeal again came up for hearing before this Bench of the Tribunal. 2. The brief facts of the case are that during the course of assessment proceedings, it was noticed that the ass .....

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owing of business income during this year does not warrant to disallow the expenses and therefore, the loss occurred in connection with business was allowable to the assessee. It was also brought to the notice of Tribunal that similar expenditures have been allowed by the Revenue authorities in assessment order for A.Y. 2008-09 in the identical facts and circumstances of the case. However, the Tribunal dismissed the appeal of the assessee stating that the assessee could not bring any evidence th .....

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me and dividend income as business income; that the Hon ble Tribunal in assessee s own case for A.Y. 2001-02 has allowed such expenditures holding that the assessee company is carrying on business activity which has been accepted throughout in past and in succeeding assessment years and therefore, in absence of any change in circumstances, the same needs to be followed in the impugned assessment years as well; that in assessment year 2008-09 also, similar claim of the assessee had been accepted .....

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so observed that order of ITAT for A.Y. 2001-02 was not referred to at the time of hearing of appeal by the ITAT for disputed year. However, on perusal of copy of order for A.Y. 2001-02 placed in miscellaneous proceedings, the Tribunal observed that, the Tribunal had recorded a finding that in that year the assessee was carrying on business of Vyaj Badla financing as well as earning of interest income and admittedly in this year, the assessee did not carry on the business of Vyaj Badla. It was a .....

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missions of both the parties and have carefully gone through the entire material available on record. As per directions of Hon ble High Court quoted above, the Tribunal has to decide the appeal on the limited issue of treatment of interest income of ₹ 48,312/- earned by assessee - whether business income or otherwise, with reference to rule of consistency so as to decide the business loss claimed by the assessee. As far as the adoption of consistent view is concerned, the assessee has cite .....

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ore us to examine as to from which sources, the assessee earned interest in those previous and subsequent years. The facts and circumstances prevailing over the disputed year, as emerged from the record before us, are that during this year, the assessee has not shown any business income but has declared business loss; that during this year, the assessee has not shown any business of Vyaj Badla; that during this year, the AO has noticed that the assessee has not carried out any business activity .....

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mp; Advances 56,66,956/- It is, however, not clear from the balance sheet and profit and loss account filed before us, as to from which heads of above current assets, the assessee has earned interest income of ₹ 48,812/- so as to decide the correct nature of interest income. So, proper examination is required on this count at the stage of Assessing Officer. If the impugned interest is found to have been earned by assessee from investments as per schedule-5 of the balance sheet, such intere .....

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