2011 (11) TMI 755 - HC - Income Tax

Summary

Issues involved:
The judgment involves the interpretation of whether interest income earned by the assessee on fixed deposit receipts is eligible for deduction under Section 80HHC of the Income-tax Act, 1961.

Interpretation of Section 80HHC:
The appellant-assessee, a company, sought deduction under Section 80HHC of the Income Tax Act, 1961, for interest earned on fixed deposit receipts (FDRs) placed with banks for export business purposes. The tribunal held that such interest income does not qualify as business income eligible for deduction under Section 80HHC, citing a Bombay High Court decision and Supreme Court observations. This decision aligns with a previous ruling by the Delhi High Court in a similar case.

Nature of Interest Income:
The tribunal found that interest earned on FDRs, even if linked to export business loans, cannot be considered business income. The High Court concurred, emphasizing that interest earned on parked surplus funds should be categorized as income from other sources, not business income. It was clarified that interest on FDRs for credit facilities does not have a direct nexus with export business and must be treated as income from other sources.

Calculation of Deduction under Section 80HHC:
The High Court further clarified that the word 'interest' in the relevant clause connotes net interest, not gross interest. It was determined that the Assessing Officer should deduct certain specified sums from business profits to arrive at the profits eligible for Section 80HHC deduction. The court affirmed that net interest, after deducting expenses incurred to earn it, should be considered for deduction.

Judicial Precedents and Clarifications:
The judgment referenced various legal precedents and rulings to support the interpretation of Section 80HHC. It highlighted the importance of establishing an immediate nexus between interest earned on fixed deposits and the export business to qualify for business income treatment. The Assessing Officer was directed to consider this nexus when making consequential orders under the Act.

Conclusion:
The High Court answered the question of law in favor of the Revenue and against the appellant-assessee, subject to the clarification that interest income on fixed deposits must have an immediate nexus with the export business to be considered for deduction under Section 80HHC.