1991 (1) TMI 34 - HC - Income Tax

Summary

Issues involved:
The issue involves determining whether income from interest on fixed and other deposits should be treated as income from 'Business' or 'Other sources', and whether revenue expenditure made in setting up a plant should be deducted from the same for the assessment year 1976-77.

Summary:
The assessee challenged the order before the Commissioner of Income-tax (Appeals), who rejected the claim stating that the income from interest on fixed deposits did not constitute a business activity. The Commissioner held that the expenditure incurred should be related to earning income from other sources. The Tribunal, however, considered the erection of the plant as a business activity and the interest income as arising from the utilization of commercial assets, thus categorizing it as business income. The Tribunal allowed the claim of business loss, emphasizing that disallowing it due to income being less than expenditure was illogical.

The Tribunal's decision was based on the finding that the assessee was indeed carrying on business activities and that the interest income was derived from the utilization of commercial assets. The Income-tax Officer had also allowed the expenditure incurred by the assessee, indicating a connection to carrying on business. Therefore, the interest income from fixed deposits was correctly assessed under the head "Business" according to the Tribunal's findings.

The High Court upheld the Tribunal's decision, affirming that the interest income should be assessed under the head "Business" based on the facts found by the Tribunal. The question in the reference was answered in the affirmative and in favor of the assessee, with no order as to costs.

Separate Judgment by BHAGABATI PRASAD BANERJEE J.:
Justice BHAGABATI PRASAD BANERJEE concurred with the decision and agreed with the reasoning provided in the main judgment.