2015 (7) TMI 949 - AT - Income Tax

Chargeability of interest income - claimed to be capital receipt by the assessee and set off against the project development expenditure - Held that - Ratio of the finding of in the case of Indian Oil Panipat Power Consortium Ltd. vs. ITO, (2009 (2) TMI 32 - DELHI HIGH COURT ) would be squarely applicable to the facts of the assessee s case, because admittedly in the case under appeal before us the share capital as well as loans were raised for the specific purpose of setting up of the power generation plants. The business of the assessee has not been commenced and therefore, as per above decision, the interest received in the period prior to commencement of business was in the nature of capital receipt and hence was required to be set off against the pre-operative expenses. The assessee has already set off the interest income against the pre-operative expenses which is titled as project development expenditure . In view of above, we are of the opinion that the interest income of ₹ 1,35,87,158/- as well as ₹ 7,91,51,306/- was a capital receipt not chargeable to tax during the year under consideration. - Decided in favour of assessee.

Issues Involved:
1. Validity of the assessment order.
2. Taxability of interest income of Rs. 1,35,87,158.
3. Taxability of interest income of Rs. 2,03,36,936.
4. Taxability of remaining interest income of Rs. 7,91,51,306.
5. Initiation of penalty proceedings under Section 271(1)(c).

Detailed Analysis:

1. Validity of the Assessment Order:
The assessee raised a ground challenging the validity of the assessment order, which was dismissed by the CIT(A) on the basis that it was general in nature and did not require adjudication. No arguments were advanced on this ground during the hearing, and it was treated as not pressed and rejected.

2. Taxability of Interest Income of Rs. 1,35,87,158:
The assessee claimed this interest income as a capital receipt, not liable to be taxed. The CIT(A) upheld the addition made by the Assessing Officer, relying on the Supreme Court's decision in Tuticorin Alkali Chemicals and Fertilizers Ltd. The CIT(A) reasoned that the interest income was not directly linked to the implementation of the project and thus was taxable as revenue receipt under Section 56 of the IT Act.

3. Taxability of Interest Income of Rs. 2,03,36,936:
The assessee initially offered this interest income for tax but later claimed it as a capital receipt during the assessment proceedings. The Assessing Officer rejected this claim, except for a small portion of Rs. 3,94,683, and assessed the remaining amount as taxable income. The CIT(A) also rejected the assessee's claim, stating that the interest income was not inextricably linked to the construction of the project and thus was taxable under the head "Income from other sources."

4. Taxability of Remaining Interest Income of Rs. 7,91,51,306:
The assessee claimed the entire interest income as a capital receipt before the CIT(A), who rejected this claim, relying on the Supreme Court's decision in Tuticorin Alkali Chemicals and Fertilizers Ltd. The CIT(A) held that the interest income earned from temporary deployment of surplus funds was taxable as revenue receipt. The assessee argued that the interest income was earned on funds brought in for the specific purpose of setting up the power project and thus should be set off against pre-operative expenses, citing various Supreme Court decisions and the Delhi High Court's decision in Indian Oil Panipat Power Consortium Ltd. The Tribunal agreed with the assessee, stating that the interest income was a capital receipt and should be set off against pre-operative expenses, thus not chargeable to tax.

5. Initiation of Penalty Proceedings under Section 271(1)(c):
The assessee challenged the initiation of penalty proceedings, but no arguments were advanced on this ground during the hearing. It was treated as not pressed and rejected.

Conclusion:
The Tribunal concluded that the interest income of Rs. 1,35,87,158 and Rs. 7,91,51,306 was a capital receipt, not chargeable to tax during the year under consideration. The assessee's appeal was partly allowed.

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