2016 (6) TMI 88 - AT - Income Tax

Set off interest income with expenditure - non commencement of business - Held that - Assessing Officer relied on Supreme Court decision of Tuticorin Alkali Chemicals and Fertiliser Limited (1997 (7) TMI 4 - SUPREME Court) were it was held that interest on bank deposits received before commencement of operations of the business should be offered separately as income from other sources. The assessee has acquired the property and also invested in bank deposits further yet to commence its business operations and freehold land was disclosed in schedule of fixed assets as at 31.03.2005 and the assessee incurred general and administrative expenses debited to profit and loss account as the pre-operative expenditure and setoff with interest income cannot be considered. Considering the provisions, financial statements, judicial decisions, written submissions and material papers filed, the action of set off interest income with expenditure is not permitted in the circumstances were assessee has not set up the business or commenced the business and also not submitted commencement of business certificate issued by Registrar of Companies under Companies Act, 1956. We are of the opinion that the ld. Commissioner of Income Tax (Appeals) has elaborately dealt on the disputed issue in confirming the order of Assessing Officer and we are not inclined to interfere with the order of Commissioner of Income Tax (Appeals) and uphold the same and dismiss the grounds of appeal. - Decided against assessee.

Summary

Issues:
1. Interpretation of the term "business" in fiscal statutes.
2. Treatment of expenses in pre-commencement period.
3. Taxability of interest income prior to commencement of business.
4. Definition of commencement of business in real estate activities.
5. Capitalization of expenses and revenue expenditure.

Issue 1: Interpretation of the term "business" in fiscal statutes:
The appeal raised concerns regarding the broad interpretation of the term "business" in fiscal statutes rather than a restricted sense. The Commissioner of Income Tax (Appeals) and the Assessing Officer examined the definition of business in the context of real estate activities and the commencement of business operations.

Issue 2: Treatment of expenses in pre-commencement period:
The Assessing Officer disallowed the claim of revenue expenditure and treated it as prior period expenditure, specifically focusing on interest income earned prior to the commencement of business. The dispute arose regarding the treatment of such expenses and income under the Income Tax Act.

Issue 3: Taxability of interest income prior to commencement of business:
The primary contention revolved around the taxability of interest income earned before the commencement of business operations. The Tribunal analyzed the applicability of the Supreme Court decision in Tuticorin Alkali Chemicals and Fertiliser Limited case and its impact on assessing interest income as "Income from Other Sources."

Issue 4: Definition of commencement of business in real estate activities:
The debate centered on whether the acquisition of land for real estate development could be considered as the commencement of business in the case of IT parks. The Tribunal scrutinized the timing of business setup and the treatment of expenses related to land acquisition and construction activities.

Issue 5: Capitalization of expenses and revenue expenditure:
The Assessing Officer's decision to capitalize certain expenses and treat them as preoperative expenditure raised questions about the classification of expenditure and its impact on the overall tax liability. The Tribunal examined the nature of expenses, including interest income, and its alignment with the business commencement timeline.

In the judgment, the Tribunal deliberated on the various issues raised by the appellant concerning the interpretation of business, treatment of expenses in the pre-commencement period, taxability of interest income, definition of business commencement in real estate activities, and capitalization of expenses. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) in dismissing the appeal of the assessee, emphasizing the significance of business setup, expenditure classification, and adherence to legal provisions and judicial decisions. The judgment provided a detailed analysis of the factual background, legal arguments, and precedents to arrive at a conclusion regarding the tax treatment of expenses and income in the context of business commencement and real estate operations.