2007 (6) TMI 188 - HC - Income Tax

In rectification proceedings, AO withdrew the deduction of interest on deposits u/s 80HH & 80I tribunal held that that the issue of whether interest received from deposit made with company/bank & interest from income tax department are derived from the industrial undertaking, is debatable issue and the same cannot be decided vide rectification proceedings u/s 154 tribunal order that deduction u/s 80HH & 80I cannot be disallowed in rectification, is justified

Summary

Issues:
1. Whether interest received from deposits made with a company/bank and interest from the income tax department are derived from the industrial undertaking for the purpose of deduction under Sections 80HH and 80I of the Income Tax Act.
2. Whether the Tribunal was correct in not following the decision of the Supreme Court in a specific case regarding the treatment of interest from deposits while computing deductions under Section 80HH.

Analysis:
1. The appeals were filed against the Income-tax Appellate Tribunal's order for the assessment years 1991-92 to 1993-94. The issue revolved around the deduction of interest on deposits under Sections 80HH and 80I of the Act. The Assessing Officer initially allowed the deduction, but later withdrew it through rectification proceedings under Section 154. The Commissioner of Income Tax (Appeals) upheld the withdrawal, directing the inclusion of interest in the profits of the undertaking. The Tribunal, however, allowed the appeals, stating that the issue was debatable and could not be rectified. The High Court referred to a previous case where it was held that disallowing a claim under Section 154 when interest income was already included in the business profit was not justified.

2. The High Court, relying on the aforementioned case law, found no substantial question of law for consideration. It was established that the interest income in question had already been included in the business profit, aligning with the principle that such income should not be disallowed under Section 154. Consequently, the appeals were dismissed, affirming the Tribunal's decision. The Court also dismissed any related miscellaneous petitions.

This comprehensive analysis of the judgment highlights the key issues, the background of the case, the legal arguments presented, and the final decision rendered by the High Court.