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Issues involved: Determination of whether interest earned on money invested in a bank by a shipping company constitutes income from profits and gains of business or income from other sources, impacting the eligibility for set-off of unabsorbed development rebate u/s 33 of the Income Tax Act, 1961.
Summary: The High Court of Kerala, in the case involving a shipping company, deliberated on the classification of interest income earned on bank investments as either business income or income from other sources. The Commissioner, in the impugned order, concluded that the interest income did not have a nexus with the company's business activities and hence should be categorized as income from other sources, disallowing the set-off of unabsorbed development rebate u/s 33 of the Income Tax Act, 1961. The petitioner contended that the company had the authority to lend money and invest as per its memorandum of association, but it was clarified that the investment in the bank was solely for safekeeping idle funds, not for business purposes. The court referenced precedents like Madhya Pradesh State Industries Corporation Ltd. v. CIT and Traco Cable Company Ltd. v. CIT to support the distinction between business income and income from other sources. Additionally, the petitioner cited R. B. Jodhamal Kuthiala v. CIT to argue for the business nature of the interest income, but the court differentiated the case based on the specific statutory provisions and intent of the transactions. Ultimately, the court upheld the Commissioner's decision, ruling that the interest income was rightly classified as income from other sources, leading to the dismissal of the challenge against the impugned order.
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