2014 (1) TMI 1541 - HC - Income Tax

Nature of deposit receipts - Capital or revenue - Held that - The assessee has shown 20% deposits as revenue receipt, but later, it was claimed as capital receipt - Relying upon decision in CIT vs. Sahara Investment India Ltd 2003 (11) TMI 57 - ALLAHABAD High Court - When a person deposits some money in a bank that amount does not become the income of the bank but rather it becomes the capital of the bank in the form of borrowed capital - Income is ordinarily that which flows out of capital - The assessee has collected the funds from the public/depositors, who have deposited the money to earn interest - This amount is capital which will be utilized to earn income - The money deposited is nothing but the capital in nature - Decided against Revenue.

Summary

Issues:
1. Interpretation of the first proviso to Sec.145(1) of the Income-Tax Act.
2. Revision of returned income after the statutory time limit.
3. Classification of deposit received as capital or revenue receipt.
4. Filing of revised return in prescribed format under Section 139(5) of the Income Tax Act.

Analysis:
1. The first issue revolves around the interpretation of the first proviso to Sec.145(1) of the Income-Tax Act. The Tribunal's decision on the application of this proviso was challenged by the Department. The Court examined whether the Tribunal's interpretation was justified in law.

2. The second issue concerns the revision of returned income beyond the statutory time limit. The Tribunal allowed the revision of returned income through a revised computation filed after the expiration of the time limit. The Court analyzed whether this decision was legally valid.

3. The third issue involves the classification of the deposit received by the assessee as a capital or revenue receipt. The Department argued that the deposits should be treated as revenue receipts based on the assessee's initial classification. However, the Tribunal held that the deposits were capital receipts. The Court deliberated on the nature of the receipts and the applicable legal principles.

4. The fourth issue pertains to the filing of a revised return in the prescribed format under Section 139(5) of the Income Tax Act. The Court examined whether the revised return filed by the assessee met the requirements of the law and whether the entire process suffered from substantial illegality due to any non-compliance.

The Court's analysis focused on the facts of the case, where the assessee collected deposits from the public under various schemes. The initial classification of the receipts as revenue was later claimed as capital receipts. The Court referred to relevant legal precedents to determine the nature of the deposits and concluded that the funds collected were capital in nature. The judgment favored the assessee, dismissing all appeals filed by the Department. The decision was based on the capital nature of the deposits and the proper interpretation of the legal provisions involved.