2007 (3) TMI 827 - HC - Income Tax

Summary

Issues involved: The judgment addresses two main issues raised by the Revenue in the appeal.

First Issue - Net vs. Gross Discounting Income:
The first issue pertains to whether only the net discounting income or the gross discounting income on Promissory Notes and Bills of Exchange is chargeable to interest tax under the provisions of the Interest Tax Act, 1974. The court framed the substantial question of law based on this issue, acknowledging that a substantial question of law does arise in this regard.

Second Issue - Hire Purchase Agreement and Interest Tax:
The second issue involves determining whether interest received on delayed payment of installments under a hire purchase agreement is chargeable to interest tax. The court compared the transaction in question to a previous case involving a leasing transaction, highlighting that a hire-purchase agreement is not akin to a financing agreement. It was concluded that interest received on delayed payment of installments from customers does not constitute interest received on loans or advances, hence not subject to interest tax.

The judgment ultimately dismissed the appeal concerning the second issue, as it was found that no substantial question of law was raised in relation to the interest received on delayed payment of installments. The Revenue was directed to file the necessary paper books as per the High Court rules for the earlier framed question on the first issue regarding net versus gross discounting income.