2016 (6) TMI 597 - HC - Income Tax

Commencement of business - whether in case of an assessee, whose main object is to construct dam, canal, etc., the business commences only when the entire project for construction of dam, canal, etc. is complete, and not when the first brick was put up at the construction site? - Held that - What is to be regarded is as to whether the business of the assessee has been set up or not so that the assessee could avail benefits under the Act. Broadly speaking, the activity of the assessee could be divided into three categories ( i) Construction of Dam and related works (ii) HydroPower Plant and (iii) Narmada Main Canal. Considering the different categories of work, it can not be said that such objects could be achieved without contemplating different stages of completion.It would be wrong to uphold the contention of Revenue that only on completion of work of entire Canal, the assessee s business can be said to have been set up. In a Project like the Sardar Sarovar , there are bound to be different stages where different activities take place and those activities being integral part of business and when they are set up phase wise, the assessee cannot be deprived of the benefits of fiscal legislation in disregard of the well settled principles on the issue. - Decided in favour of assessee Allowability of interest expenditure u/s.57 against the interest income - Held that - The expenditure of interest paid on borrowings raised by the assessee for the purpose of construction of Dam would be allowable deduction since the purpose of expenditure is manifest and there is a clear nexus between the expenditure and the earning of income. Therefore, essentially, the expenditure is a part of the business expenses of the assessee - Decided in favour of assessee

Summary

Issues:
Identification of business commencement, Allowability of business expenses, Interest expenditure deduction, Corporate status maintenance expenses deduction.

Issue 1: Identification of Business Commencement
The appeals questioned the commencement of business for an assessee involved in constructing a dam and canal project. The primary contention was whether the business starts upon the completion of the entire project or when the initial construction work begins. The Tribunal's decision was challenged, emphasizing that setting up the business, not the completion, determines the commencement. The Division Bench's decision highlighted that various project stages constitute business setup, rejecting the idea that completion of the canal alone signifies business commencement.

Issue 2: Allowability of Business Expenses
The debate revolved around the allowance of revenue expenses incurred before the actual business commencement. The assessee argued for the deduction of expenses under section 10(2) of the Income Tax Act, contending that all costs post-business setup but pre-commencement should be deductible. The Tribunal's denial of these deductions was contested, emphasizing that business setup, not the start, should govern expense deductions.

Issue 3: Interest Expenditure Deduction
A critical issue was the allowance of interest expenditure under section 57 of the Income Tax Act against interest income. The assessee claimed that interest expenses were integral to business operations and should be deductible. The Revenue contended that interest deductions require expenses directly linked to income generation, which the assessee failed to prove. The court ruled in favor of the assessee, allowing interest expenditure deductions due to the clear nexus between the expenditure and income.

Issue 4: Corporate Status Maintenance Expenses Deduction
Another point of contention was the allowance of expenses like salaries and administrative costs for maintaining corporate status against interest income. The assessee argued that such expenses are essential for business operations and should be deductible under section 57 of the Act. The court agreed, stating that these expenses contribute to the business's functioning and should be considered as allowable deductions.

In conclusion, the High Court of Gujarat ruled in favor of the assessee on all issues, emphasizing the importance of business setup over completion in determining business commencement and allowing deductions for various expenses crucial to the business operations. The judgment highlighted the significance of a clear nexus between expenses and income for interest expenditure deductions and recognized the role of corporate status maintenance expenses in business operations.