2012 (2) TMI 353 - HC - Income Tax

Allowability of interest paid on loan from the gross interest received on Fixed Deposit Receipts - money obtained on loan and converted into FDRs Held that - Division bench of this court held in case of same assessee in earlier A.Y. (2010 - TMI - 204444 - Delhi High Court ) that interest paid was expenditure laid out and expended wholly and exclusively for the purpose of making or earning the interest income. Following the aforesaid decision and the reasoning therein Decided against the Revenue.

Summary

Issues:
- Netting of interest paid from gross interest on Fixed Deposit Receipts for assessment year 2007-08.

Analysis:
The case involved the issue of whether the interest paid by the assessee on a loan could be netted off from the interest received on Fixed Deposit Receipts (FDRs) for the assessment year 2007-08. The assessee had availed a loan from a bank and then converted the loan amount into FDRs, earning interest on the deposits. The interest paid on the loan was Rs. 1,85,62,489, while the interest earned on the deposits was Rs. 2,64,79,712, which was shown as "income from other sources." The assessee argued that the interest paid should be reduced while calculating taxable income under the same head. The Assessing Officer had disallowed this netting in previous years, but the tribunal had ruled in favor of the assessee. A Division Bench of the High Court had also previously upheld the tribunal's decision, stating that the interest paid should be allowed under Section 57(iii) of the Act as it was borrowed for the purpose of making or earning interest income.

The court noted that there was no dispute that the loan amount was converted into FDRs and that the assessee had consistently followed the same method of accounting in previous assessment years. The court relied on the earlier decision and reasoning that the interest paid was an expenditure laid out wholly and exclusively for the purpose of making or earning interest income. The court emphasized that the loan was taken advantage of for specific purposes related to the Exim Policy and lower LIBOR rate of interest. Therefore, the court dismissed the present appeal, upholding the netting of interest paid from the gross interest on FDRs for the assessment year 2007-08.