2013 (4) TMI 544 - AT - Income Tax

Assessment of Interest income - Income from Other sources v/s Business Income - Held that - The assessee is not engaged in the business of financing. That apart, the income earned from term deposit with the bank cannot be considered as business income. It has necessarily to be and has been rightly held as falling under the head income from other sources . Whether the assessee can claim deduction of the expenses claimed by it against the income from other sources - Held that - Although the assessee was in the business but could not turn any business income. In such circumstances the expenses which are otherwise deductible against the business income cannot be denied deduction. Considering the facts and circumstance of the instant case we set aside the impugned order and remit the matter to the file of A.O. for considering the deductibility of expenses claimed by the assessee under the head profits and gains of business or profession and thereafter allow set off of loss under the head business income against income from other sources as per the provisions of section.

Summary

Issues involved:
1. Classification of interest income as 'Income from Other sources' instead of 'Business Income'.
2. Disallowance of set off of loss under the head Business Income against the income under the head 'Income from Other Sources' as per section 71 of the Act.

Issue 1: Classification of interest income:
The appellant contested the classification of interest income as 'Income from Other sources' instead of 'Business Income'. The appellant, a company engaged in investments, reported interest income from term deposits as business income. However, the assessing officer (AO) treated the interest income as 'Income from Other sources' due to the absence of other business income and the appellant not conducting business activities during the year. The AO disallowed expenses claimed by the appellant under section 57(iii) as they were not related to earning interest income. On appeal, the Ld.CIT(A) upheld the AO's decision, considering the interest income as 'Income from Other sources' and disallowing certain expenses like preliminary expenses & written off. The appellant argued that even if the interest income is treated as 'Income from Other sources', they should be allowed to set off business expenditure against such income under section 71. The appellant cited the decision of the Punjab and Haryana High Court to support their argument.

Issue 2: Disallowance of set off of loss:
The appellant further challenged the disallowance of set off of loss under the head Business Income against the income under the head 'Income from Other Sources' as per section 71 of the Act. The appellant's representative argued that since the company was newly incorporated and had no other income credited from business activities, the interest income should be eligible for set off against business expenditure. The appellant relied on legal precedent to support their claim. The Revenue, on the other hand, supported the Ld.CIT(A) and AO's decisions. After hearing both parties and examining the records, the Tribunal observed that the appellant was not engaged in the business of financing and the income from term deposits could not be considered as business income. However, the Tribunal acknowledged that expenses incurred during the course of business should be deductible even if the business did not generate income. Therefore, the Tribunal set aside the impugned order and remitted the matter to the AO to consider the deductibility of expenses claimed by the appellant under the head "profits and gains of business or profession" and allow the set off of loss under the head "business income" against "income from other sources" as per the provisions of section 71.

In conclusion, the Tribunal allowed the appeal for statistical purposes, directing a reassessment of the deductibility of expenses and the set off of losses in accordance with the provisions of section 71 of the Income Tax Act.