2018 (2) TMI 296 - AT - Income Tax

Treatment to the interest earned on money lending - assessed under the head profits and gains from business or profession or as income from other sources - Held that - Respectfully following the Tribunal order for AY 2008-09 2013 (8) TMI 1020 - ITAT MUMBAI treating the interest income earned on money lending operation as Profits & Gains of Business or Profession. - Decided against revenue

Summary

Issues:
1. Treatment of interest earned on money lending under profits and gains from business or profession instead of income from other sources.

Analysis:
The appeal by the Revenue challenges the order of the Commissioner of Income Tax (Appeals) regarding the treatment of interest earned on money lending. The only issue in this appeal is whether the interest income should be categorized under profits and gains from business or profession or income from other sources. The Revenue contests the decision of the Commissioner, arguing that the assessee, not being an NBFC, cannot consider giving loans as a business activity.

During the assessment proceedings, the Assessing Officer (AO) relied on previous years' orders and treated the interest income as income from other sources. However, the Commissioner, following earlier year orders, categorized the income as profits and gains from business or profession. The Revenue, aggrieved by this decision, filed a second appeal.

The Tribunal considered the arguments presented by both parties. The Tribunal referred to a previous order concerning a similar issue, where the interest income from money lending was treated as profits and gains of business or profession. The Tribunal found the Commissioner's decision reasonable based on the company's object clause permitting money lending activities, resolutions passed by the Board of Directors, and systematic money lending transactions indicating a motive for profit.

Ultimately, the Tribunal dismissed the Revenue's appeal, citing the similarity of facts with a previous year's order and upholding the decision to treat the interest income as profits and gains from business or profession. The Tribunal's decision was based on a thorough analysis of the company's activities and legal precedents, leading to the dismissal of the Revenue's appeal.

In conclusion, the Tribunal upheld the Commissioner's decision to treat the interest income from money lending as profits and gains from business or profession, dismissing the Revenue's appeal based on the facts and legal reasoning presented during the proceedings.