2022 (6) TMI 1095 - AT - Income Tax

Deduction in respect of interest paid u/s 57(iii) - Interest expenditure on borrowings utilized for advancing loan to the partners not allowable u/s. 57(iii) - HELD THAT - As relying on own case 2019 (2) TMI 2034 - ITAT MUMBAI there exists nexus between borrowings of money from the partner M/S Godrej Properties Ltd and lending out of that to two partners. Therefore, in our opinion, while assessing interest income received on loans from two partners namely M/s. Repton landmarks LLP and Mr. Ramesh P. Bhatia as income from other sources, deduction has to be allowed in respect of interest payment on loan to M/s. Godrej Properties Ltd. to equal extent. In our opinion decision cited by CIT(A) in the case of Dr. V.P. Gopinathan 2001 (2) TMI 10 - SUPREME COURT is clearly distinguishable on fact and not applicable in the present case - the assessee has proved direct nexus between borrowings and lending. Therefore we are not in agreement with the conclusion of learned CIT(A). Accordingly we set aside the order of learned CIT(A) and direct the Assessing Officer to allow deduction in respect of interest paid u/s 57(iii) of the Act while assessing interest income as income from other sources. Assessee appeal allowed.

Summary

Issues Involved:
1. Determination of whether the appellant was a running concern and engaged in project development activities.
2. Allowability of interest expenditure against interest income under Section 36(1)(iii) of the Act.
3. Taxation of interest income under the head "Income from other sources" instead of "Business".
4. Allowability of interest expenditure incurred for earning interest income under Section 57(iii) of the Act.

Issue 1: Determination of Running Concern and Project Development Activities:
The appellant, an LLP engaged in property development, commenced a residential project during the assessment year. The assessing officer questioned the nature of the appellant's activities, particularly the treatment of funds borrowed from a partner. The appellant argued that the project development had indeed started, supported by financial records and project expenses. The Tribunal found that the appellant was a running concern actively involved in project development, rejecting the assessing officer's view.

Issue 2, 3, and 4: Interest Expenditure and Taxation of Interest Income:
The appellant borrowed funds from a partner and earned interest income, which was lower than the interest expenditure incurred. The assessing officer treated a portion of the interest income as "Income from other sources" and disallowed the interest expenditure. The appellant contended that the interest expenditure should be allowed under Section 57(iii) of the Act. The Tribunal referred to a previous decision in the appellant's favor for a similar issue in a different assessment year. The Tribunal held that there was a direct nexus between borrowings and lending, allowing the deduction of interest paid while assessing interest income as income from other sources. Consequently, the Tribunal decided in favor of the appellant, allowing the appeal and directing the AO accordingly.

This judgment clarifies the treatment of interest expenditure against interest income, emphasizing the importance of establishing a direct nexus between borrowings and lending activities. The decision also highlights the significance of consistent interpretation and application of tax laws across different assessment years for the same taxpayer.