2014 (3) TMI 587 - HC - Income Tax

Eligibility for exemption u/s 10(29) of the Act Held that - The functions of the State Corporation are almost on similar lines as that of the Central Warehousing Corporation - the assessee is an authority constituted under law to satisfy one of the requirements of Section 10(29) of the Act - Relying upon Rajasthan State Warehousing Corporation Versus Commissioner of Income-Tax 1999 (4) TMI 3 - SUPREME Court - the exemption under Section 10(29) is categorical in its language and the exemption is applicable only by the circumstances as envisaged in the Section - If the letting of godowns or warehouses was for any other purpose other than the stated purpose or the income is derived from any other source, then, the income could not possibly come within the ambit of Section 10(29) of the Income Tax Act and interest income on fixed deposits would not qualify for relief under Section 10(29) of the Income Tax Act - Claim of exemption on income from house property, from bank receipts, income on loans and advances made to the members of the staff are concerned - as the income not being derived from the activities enumerated in Section 10(29) of the Income Tax Act, no exemption would be granted. Any income derived from the nature of activity specified in Section 10(29) of the Income Tax Act, namely, letting of godowns and warehouses for storage, processing, facilitating the marketing of commodities are qualified for exemption under Section 10(29) of the Income Tax Act Decided partly in favor of assessee.

Summary

Issues Involved:
1. Exemption under Section 10(29) of the Income Tax Act.
2. Relevance of Supreme Court decisions and referral to a larger bench.
3. Eligibility of specific incomes for exemption under Section 10(29).
4. Validity of claims on various types of income (house property, bank deposits, loans, supervision charges, etc.).

Detailed Analysis:

1. Exemption under Section 10(29) of the Income Tax Act:
The primary issue in these appeals is whether the income earned by the assessee, a government-sponsored undertaking, qualifies for exemption under Section 10(29) of the Income Tax Act. The assessee's activities involve warehousing and related services, and the court examined if these activities meet the criteria for exemption.

2. Relevance of Supreme Court Decisions and Referral to a Larger Bench:
The court considered the conflicting decisions of the Supreme Court regarding the interpretation of Section 10(29). The decision in Union of India v. U.P. State Warehousing Corporation (1991) held that income from letting godowns and warehouses was exempt. In contrast, Orissa State Warehousing Corporation and Rajasthan State Warehousing Corporation v. Commissioner of Income Tax (1999) restricted the exemption to income directly derived from such activities, excluding interest income. The matter was referred to a larger bench in Commissioner of Income Tax v. Gujarat State Warehousing Corporation Ltd. (2000), which concluded there was no conflict between the two decisions.

3. Eligibility of Specific Incomes for Exemption under Section 10(29):
The court analyzed various types of income to determine their eligibility for exemption:
- Warehousing Charges, Supervision Charges, Fumigation Receipts, Weigh Bridge Receipts, Income from Sale of Tender Forms, and Interest on Belated Refund of Advances: These incomes were deemed to have a direct nexus to the warehousing activities and thus qualified for exemption.
- Income from House Property, Bank Deposits, Loans and Advances to Staff, Interest on Fixed Deposits, and Dividend Income: These were not considered to be derived from warehousing activities and hence did not qualify for exemption.

4. Validity of Claims on Various Types of Income:
- T.C.(A)No.2548 of 2006: The court dismissed this appeal as the grounds raised were not relevant to the Tribunal's decision.
- T.C.(A)Nos.2547, 2549, 2550, 2551, and 2553 of 2006: Partly allowed, granting exemption for incomes directly related to warehousing activities.
- T.C.(A)No.2552 of 2006: Dismissed, confirming the Tribunal's decision that interest on fixed deposits and dividends are taxable.
- T.C.(A)Nos.338, 964, and 966 of 2007: Allowed for statistical purposes, setting aside the Tribunal's order.
- T.C.(A)Nos.339, 340, and 965 of 2007: Partly allowed, following the same reasoning as earlier appeals.

Conclusion:
The court concluded that while certain incomes directly related to warehousing activities qualify for exemption under Section 10(29), others like income from house property, bank deposits, and dividends do not. The decisions were made in line with the Supreme Court's interpretation, ensuring consistency in the application of the law.