2011 (9) TMI 586 - HC - Income Tax

Interest Tax - Finance charges subject to Interest Tax Act when lease transaction entered by the assessee with its customers where machinery was purchased from finances provided by the assessee - Held That - In view of G.E. Capital Transportation (2007 - TMI - 4214 - DELHI HIGH COURT), question of law answered against revenue. Amount collected from customers whether chargeable to Interest Tax - Held That - Separate account in respect of the amounts, though collected as additional which was in fact towards payment of interest-tax does compels us to hold that the amounts so collected were not interest within the meaning of Sec. 2(7) of the Act and hence could not be treated as chargeable interest for purposes of the Act. In case of CIT vs Canfin homes ltd. (2011 - TMI - 205684 - KARNATAKA HIGH COURT)

Summary

Issues:
1. Taxability of finance charges received by the assessee under the Interest Tax Act in lease transactions.
2. Taxability of interest tax components collected from customers.

Analysis:

Issue 1: Taxability of finance charges received by the assessee under the Interest Tax Act in lease transactions:

The High Court considered whether the finance charges received by the assessee in lease transactions were liable to tax under the Interest Tax Act. The Court referred to a previous judgment and held that the amount collected by the assessee was in the nature of hire purchase charges, not interest. The Court emphasized that the authorities had already determined that the assessee did not collect any interest but only hire charges under the hire purchase deed. Citing a judgment of the Delhi High Court, the Court concluded that based on the facts and concurrent findings of the lower authorities, the substantial question of law was to be decided in favor of the assessee and against the revenue. Therefore, the Court upheld the decision in favor of the assessee, stating that there was no liability to pay tax on the amount collected as hire purchase charges.

Issue 2: Taxability of interest tax components collected from customers:

Regarding the taxability of interest tax components collected from customers, the High Court relied on a previous judgment in the case of CIT v. Canfin Homes Ltd. The Court noted that the assessee had maintained a separate account for the amounts collected as additional, which were intended for payment of interest tax. The Court held that these amounts were not considered as "interest" under the relevant provision of the Act. Consequently, the Court ruled in favor of the assessee and against the revenue on this issue as well. The Court dismissed the appeal based on the findings and conclusions reached in the judgment, affirming that there was no liability for the assessee to pay tax on the interest tax components collected from customers.

In conclusion, the High Court upheld the decisions in favor of the assessee on both issues, emphasizing that the amounts collected were not liable to tax under the Interest Tax Act and that the interest tax components were not considered as chargeable interest for taxation purposes.