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2007 (10) TMI 650 - HC - Income TaxDenial of Rectification Application - Business income Vs. Other sources - Deduction u/s 80HHC - Interest received on FDRs - availing credit facilities - Whether the Tribunal was correct in law in holding that the assessee is entitled to reduce interest paid by it from the interest received by it while calculating deduction u/s 80HHC(3A) read with Explanation (baa)? - HELD THAT - Nowhere in the assessment order has the Assessing Officer found that the interest earned by the assessee was business income. Therefore the first question stands answered against the assessee in view of the categorical pronouncement in Shri Ram Honda Power Equip. s case that interest earned on FDRs kept for availing credit facilities is not business income but income from other sources. The decision in Punjab Stainless Steel Ind. s 2007 (1) TMI 543 - DELHI HIGH COURT case where the AO had held the interest income to be business income and which finding was not challenged is therefore of no assistance to the assessee. Also in view of the finding by the AO in the instant case that there is no nexus between the interest paid and the interest earned by the assessee the second question will also have to be answered against the assessee. Thus the question of law as re-framed by us is answered in the affirmative that is against the assessee and in favour of the revenue. The appeal is dismissed.
Issues involved:
1. Rectification application under section 260A of the Income-tax Act, 1961. 2. Interpretation of deduction under section 80HHC(3A) read with Explanation (baa) of the Income-tax Act, 1961. 3. Treatment of interest earned on Fixed Deposit Receipts (FDRs) as business income. 4. Permissibility of netting of interest paid and interest received. Detailed Analysis: 1. The appeal was filed against the order of the Income-tax Appellate Tribunal dismissing the application seeking rectification of its previous order. The main question revolved around whether the Tribunal was justified in declining to entertain the rectification application related to the deduction under section 80HHC(3A) read with Explanation (baa) of the Income-tax Act, 1961. The Court re-formulated the question for consideration in the present appeal to address this issue. 2. The case involved the assessment year 1993-94 where the assessee, engaged in exporting carpets, filed a revised return claiming a deduction under section 80HHC of the Act. The Assessing Officer disallowed the claim for deduction of 10% of receipts from total indirect cost and also dealt with the treatment of interest paid and received by the assessee. 3. The Assessing Officer held that the interest paid and received were separate transactions, directing the deduction of interest received on FDRs from the profits and gains of the business. The Commissioner of Income-tax (Appeals) upheld this view, considering the net amount of interest paid and received from the same bank while computing business income. 4. The Tribunal initially allowed the revenue's appeal based on the Kerala High Court's decision, which stated that interest income from short-term deposits could not be treated as income derived from the export business. Subsequently, the assessee sought rectification based on a Special Bench decision, but the Tribunal dismissed the application, citing the timeline of events. 5. The Court analyzed the nexus between interest paid on credit facilities and interest earned on FDRs, concluding that the interest earned on FDRs kept for availing credit facilities did not constitute business income but rather income from other sources. The Court referred to specific judgments and principles to support this interpretation, ultimately ruling in favor of the revenue and dismissing the appeal. In conclusion, the judgment provided a detailed analysis of the issues related to the rectification application, interpretation of deduction under section 80HHC, treatment of interest income, and permissibility of netting interest paid and received. The Court's decision was based on established legal principles and previous judgments, leading to a ruling against the assessee in favor of the revenue.
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