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Issues:
1. Taxability of interest income earned on short term deposits by the assessee company. 2. Claim of overriding title by the State Government in respect of interest earned. 3. Whether interest amount should be allowed as deduction as expenditure incurred. Analysis: Issue 1: Taxability of interest income The case involved the receipt of Rs. 6 crores by the assessee company from the Gujarat Government towards share capital, with subsequent placement of Rs. 4 crores in short term bank deposits. The Income Tax Officer (ITO) included the interest income in the assessee's total income, considering it as an application of income. The Commissioner (Appeals) (CIT(A)) upheld this decision, emphasizing that the money belonged to the assessee company, and the interest accrued to the company. The CIT(A) referred to a Karnataka High Court decision to support this conclusion. The assessee contended that the interest income was not fully taxable, leading the CIT(A) to direct the ITO to verify the correct amount of interest for taxation purposes. Issue 2: Claim of overriding title The assessee argued that the State Government had an overriding claim to the interest earned on the short term deposits, citing resolutions and letters as evidence. The State Government's direction for the payment of interest was seen as a condition for the share capital subscription. The Tribunal analyzed the legal position, referring to a Supreme Court judgment regarding the concept of overriding title. It concluded that an overriding title existed in favor of the government concerning the interest earned, as the money was contributed specifically for share capital allotment, imposing restrictions on its use. Issue 3: Deductibility of interest amount The assessee further contended that the interest amount should be allowed as a deduction, considering it as expenditure incurred for earning the interest income. The Tribunal examined the nature of the receipt of Rs. 6 crores and the purpose for which it was received. It determined that an overriding title of the government existed regarding the interest earned on the short term deposit, leading to the conclusion that the interest amount cannot be considered as income of the assessee. Consequently, the Tribunal allowed the appeal in favor of the assessee. In summary, the Tribunal held that the interest income earned on the short term deposits by the assessee company was not taxable due to the overriding title of the State Government. The Tribunal's decision favored the assessee, emphasizing the restrictions imposed on the use of the contributed funds and the government's entitlement to the interest earned. The Tribunal did not delve into the deductibility of the interest amount, as the first argument in favor of the assessee was upheld.
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