2012 (6) TMI 269 - AT - Income Tax

Income - accrual - interest on sick advances - NPA - assessee-company, wholly owned by the Government of Kerala, engaged in the business of marketing of products manufactured by M/s. TTPL, advanced money to various other Government of Kerala undertakings on direction of Government of Kerala - non-accounting of interest income on ground of advances becoming sick - Revenue contended accounting of same since assessee was following the mercantile system of accounting - Held that - Guidance Note on Accrual Basis on Accounting issued by the ICAI lays down that where the ultimate collection with reasonable certainty is lacking, the revenue recognition is to be postponed to the extent of uncertainty involved. In the instant case, the assessee did not account the interest income as there was uncertainty about its recovery. The apprehension or the situation foreseen by the assessee has been vindicated by the subsequent developments i.e. all the companies have gone into liquidation. Addition made on account of accrued interest income is directed to be deleted. See Brahamputra Capital & Financial Services Ltd v. ITO(2008 (4) TMI 361 (Tri)) - Decided in favor of assessee.

Summary

Issues:
Assessment of accrued interest income on loans advanced to Kerala Government industrial undertakings.

Detailed Analysis:
1. Background: The assessee, a company wholly owned by the Government of Kerala, provided loans to various Kerala Government undertakings. The loans turned bad, and the assessee did not recognize interest income due to the uncertain recovery of the loans.

2. Legal Dispute: The Assessing Officer contended that the interest accrued on the loans should be recognized as per the mercantile system of accounting. The CIT(A) upheld this view, resulting in an addition of Rs. 34,65,000 as interest income in the assessment years 2003-04 & 2004-05.

3. Assessee's Argument: The assessee argued that the loans had become irrecoverable, as evidenced by the financial distress and liquidation of the borrower companies. The company directors consciously decided not to charge interest due to doubts about loan recovery.

4. Judicial Precedent: Reference was made to the decision of the Delhi bench of ITAT in a similar case, emphasizing that income cannot be taxed if it has neither accrued nor been received. The prudential norms and accounting standards supported the assessee's stance of not recognizing notional interest income.

5. Decision: The ITAT Cochin set aside the CIT(A)'s orders and directed the Assessing Officer to delete the addition of accrued interest income. The tribunal accepted the assessee's argument that the loans had become bad and irrecoverable, justifying the non-recognition of interest income.

6. Conclusion: The judgment favored the assessee, recognizing the exceptional circumstances surrounding the loans to Kerala Government undertakings. The decision highlighted the importance of prudence in financial reporting and the relevance of accounting standards in determining income recognition, leading to the deletion of the accrued interest income addition.