2012 (5) TMI 649 - AT - Income Tax

Allowable business expenditure - Whether the assessee has set up and commenced its real estate business during the relevant previous year? - Whether the assessee can claim business expenditure against interest income credited to P & L A/c? Held that - As the assessee has already acquired land entered into development agreement and has started development and construction work for the real estate project, it has set up and commenced its business and therefore entitled to claim expenses as incurred which was debited to Profit & Loss A/c against interest income. In view of the above, we allow the grounds raised by the assessee for the years under consideration.

Summary

Issues Involved:
1. Whether the assessee has set up and commenced its real estate business during the relevant previous year.
2. Whether the assessee can claim business expenditure against interest income credited to the Profit & Loss Account.

Issue-wise Detailed Analysis:

1. Whether the assessee has set up and commenced its real estate business during the relevant previous year:

The Tribunal examined whether the assessee had set up and commenced its business activities. The assessee, engaged in the real estate business, had acquired land and entered into a development agreement for a project at Vattinagula Pally. During the financial year 2005-06, the assessee incurred costs amounting to Rs. 76,42,493/- for the project, which was transferred to work in progress. The AO and CIT (A) contended that the assessee had not commenced its business as it had not recognized any revenue. However, the Tribunal found that the assessee had purchased land, got it registered, and entered into a development agreement, indicating that the business had commenced. The Tribunal relied on precedents from different Benches of ITAT, which supported the view that the commencement of business in real estate is marked by activities such as purchasing land and entering into development agreements. The Tribunal concluded that the assessee had indeed set up and commenced its business during the relevant financial year.

2. Whether the assessee can claim business expenditure against interest income credited to the Profit & Loss Account:

The assessee claimed business expenditure including administrative expenses, interest on secured loans, and preliminary expenses totaling Rs. 12,50,505/-. The AO disallowed these expenses, arguing that the interest income credited to the Profit & Loss Account was not business income but income from "other sources." The CIT (A) upheld this view, stating that the expenses should be capitalized and taken to work in progress. However, the Tribunal found that since the assessee had commenced its business, the expenses incurred were allowable. The Tribunal noted that the interest income earned from deposits was interlinked with the business activities and should be adjusted against the business expenditure. The Tribunal referred to several decisions, including Superlight Mktg. (P) Ltd. Vs. ITO, Swire Holdings (P) Ltd. Vs. ITO, and Dhoomketu Builders & Development (P.) Ltd. Vs. Additional CIT, which supported the assessee's claim that business expenses could be set off against interest income in real estate business scenarios. The Tribunal allowed the assessee's claim for the expenses incurred during the relevant financial years.

Conclusion:

The Tribunal allowed the appeals filed by the assessee, concluding that the assessee had set up and commenced its real estate business and was entitled to claim the business expenditure against the interest income credited to the Profit & Loss Account. The Tribunal's decision was pronounced in the Court on 04-5-2012.