2012 (3) TMI 697 - AT - Income Tax

Summary

Issues involved:
The issues involved in this case are:
1. Disallowance of interest on fixed deposits for deduction u/s. 80IA.
2. Non-allowance of netting off interest income on bank FDRs with interest paid on borrowed funds.
3. Confirmation of interest charged under sections 234C for deferment of advance tax.
4. Compliance with principles of natural justice.

Issue 1: Disallowance of interest on fixed deposits for deduction u/s. 80IA:
The Assessee challenged the disallowance of interest on fixed deposits for deduction u/s. 80IA, arguing that the interest income was derived from the business and should be eligible for deduction. The Assessing Officer held the income as 'income from other sources' and taxed it accordingly. The Ld. Commissioner of Income Tax (Appeals) reversed this decision, stating that the interest income was attributable to business but not derived from it, thus denying the deduction u/s. 80IA.

Issue 2: Non-allowance of netting off interest income on bank FDRs with interest paid on borrowed funds:
The Assessee contended that the interest income should be adjusted against interest expenditure on borrowed funds. The Ld. Commissioner of Income Tax (Appeals) held that no deduction against interest income could be allowed as the expenditure was not incurred 'wholly and exclusively' for earning such income. The issue of netting off interest expenditure for computing profits and gains was remitted back to the Ld. Commissioner of Income Tax (Appeals) for reconsideration.

Issue 3: Confirmation of interest charged under sections 234C for deferment of advance tax:
The Ld. Commissioner of Income Tax (Appeals) confirmed the interest charged under sections 234C for deferment of advance tax in respect of the book tax u/s. 115JB.

Issue 4: Compliance with principles of natural justice:
The Assessee raised concerns about the order lacking proper lawful opportunity and compliance with principles of natural justice. However, the appeal was allowed for statistical purposes without addressing this issue specifically.

In conclusion, the appeal by the Assessee was allowed for statistical purposes, with the issue of netting off interest expenditure remitted back for reconsideration. The judgment addressed the disallowance of interest on fixed deposits for deduction u/s. 80IA, non-allowance of netting off interest income on bank FDRs with interest paid on borrowed funds, and confirmation of interest charged under sections 234C for deferment of advance tax.