2012 (8) TMI 1152 - AT - Income Tax

Summary

Issues involved: Appeal against order of CIT(A) for assessment years 1988-89 and 1998-99 regarding interest income earned on advances from Government of Uttar Pradesh.

Nature of Interest Income: Assessee received advances for construction work, claimed exemption of interest income as it was to be returned to Government. AO treated interest as income, CIT(A) upheld decision.

Assessee's Argument: Assessee provided evidence of Government directions to return interest income, supported by letters and ledger account showing remittance to Government.

Revenue's Argument: Previous Tribunal order treated similar interest income as assessee's income, no evidence of remittance to Government.

Tribunal's Decision: Tribunal found ample evidence supporting assessee's claim, interest income belongs to Government, not taxable in assessee's hands. Remanded issue to AO for fresh adjudication based on evidence presented.

Other Grounds in Appeal: Validity of reopening assessment, interest under sections 139(8) and 217 confirmed. Disallowance of deduction under section 80G(iiig) and interest under sections 234B and 234C upheld.

Final Decision: Appeals partly allowed for statistical purposes, orders confirmed by Tribunal.