2017 (7) TMI 1249 - HC - Income Tax

Deduction u/s 80 HHC - Netting of interest paid against interest earned - Interest received is not income from business and it is income from other sources thus not form part of business activity and ineligible for deduction u/s 80HHC - Held that - As relying on DHADDA EXPORTS VERSUS INCOME TAX OFFICER JAIPUR 2016 (9) TMI 1251 - RAJASTHAN HIGH COURT the interest income earned will be treated as income from other sources but the expenses will be exempted after netting off - Decided in favour of assessee. Interest u/s 234-B and interest u/s 234-C - Held that -If there is assessment of tax liability, the interest is not statutory liability. In that view of the matter, the contention of Mr. Ranka is required to be rejected. - Decided in favour of the department

Summary

Issues:
1. Interpretation of interest income under Section 80 HHC of the Income Tax Act.
2. Treatment of interest under Sections 234-B and 234-C of the Income Tax Act.

Analysis:

Issue 1:
The appellant contested the Tribunal's decision regarding the interest received, arguing that it should be considered income from business and thus eligible for deduction under Section 80 HHC. The Court examined the nature of the appellant's business as a partnership firm engaged in exporting precious stones. The appellant maintained detailed accounts audited by a Chartered Accountant, declaring income and profits in accordance with the Income Tax Act. Relying on legal precedents such as ACG Associated Capsules (P) Ltd. vs. Commissioner of Income Tax, the Court determined that the interest income should be treated as income from other sources but allowed for deductions after netting off expenses. Consequently, Issue 1 was partially decided in favor of the assessee.

Issue 2:
Regarding the assessment of interest under Sections 234-B and 234-C, the Court considered the mandatory nature of interest levy when advance tax payments fall short of the assessed tax. Citing judgments from various High Courts and Supreme Court decisions, the Court emphasized the automatic imposition of interest under Section 234-B and the consequential nature of interest under Section 234-C. The Court ruled in favor of the department on Issue 2, highlighting that interest is not a statutory liability when there is an assessment of tax liability. Consequently, Issue 2 was decided in favor of the department, while Issues 1 & 3 were partially decided in favor of the assessee.

In conclusion, the Court disposed of the appeal after addressing the issues related to the interpretation of interest income under Section 80 HHC and the treatment of interest under Sections 234-B and 234-C of the Income Tax Act. The judgment provided clarity on the classification of interest income, deductions allowed, and the mandatory nature of interest levy in tax assessments.