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Issues Involved:
1. Classification of income from short-term deposits: Business income vs. Income from other sources. 2. Allowability of pre-commencement expenditure as business expenditure. Detailed Analysis: Issue 1: Classification of Income from Short-term Deposits The primary issue was whether the interest derived from borrowed funds invested in short-term deposits should be classified under "income from other sources" or "income from business." - Background: The assessee, a public limited company, was incorporated to set up iron and steel manufacturing facilities. It mobilized funds through share capital and debentures, which were parked in short-term deposits until utilized for the project. - Assessing Authority's Stand: The interest earned from these deposits was considered as "income from other sources," arguing that the funds were not utilized for the company's main business activities, which had not yet commenced. - Tribunal's Stand: The Tribunal held that since the company was authorized to carry on multiple businesses, including lending and bill discounting, and had commenced these activities, the income should be classified as "business income." - High Court's Analysis: The High Court examined the company's Memorandum of Association, which included lending and bill discounting as part of its authorized activities. It concluded that once the company commenced any authorized business, the income from such activities should be considered as business income. The Court distinguished this case from the Supreme Court's decision in Tuticorin Alkali Chemicals & Fertilizers Ltd., noting that in that case, the company had not commenced any business activities. Issue 2: Allowability of Pre-commencement Expenditure The second issue was whether the expenditure incurred before the commencement of the main business of the integrated steel plant could be allowed as business expenditure. - Background: The assessee incurred significant expenses related to the corporate treasury division and debenture issue before starting the steel plant operations. - Assessing Authority's Stand: The expenses were disallowed on the grounds that the main business had not commenced, and thus, the expenditure could not be allowed under Sections 28 to 43 of the Income Tax Act. - Tribunal's Stand: The Tribunal allowed the expenditure, reasoning that the company had commenced its business activities related to lending and bill discounting, which were part of its authorized business activities. - High Court's Analysis: The High Court supported the Tribunal's view, emphasizing that the company had commenced its business by engaging in authorized ancillary activities. It noted that there is no legal prohibition against starting ancillary businesses before the main business. The Court cited several Supreme Court judgments, including Apollo Tyres Ltd. and India Cements Ltd., to support the principle that once business activities commence, related expenditures are allowable as business expenses. Conclusion: The High Court upheld the Tribunal's decision, affirming that the interest income from short-term deposits should be classified as business income and that the pre-commencement expenditure related to the corporate treasury division and debenture issue was allowable as business expenditure. The appeal by the revenue was dismissed, and the substantial questions of law were answered in favor of the assessee.
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