2000 (5) TMI 155 - AT - Income Tax

Summary

Issues:
1. Revision of assessment under section 263 of the Income-tax Act to include interest received on FDRs in the total income of the assessee for the assessment year 1993-94.

Analysis:
The judgment concerns an appeal by the assessee against the order of the Commissioner of Income-tax (CIT) revising the assessment for the assessment year 1993-94 to include interest received on Fixed Deposit Receipts (FDRs) in the total income. The dispute arose from a construction contract with the Government of Gujarat, where the assessee received an amount subject to a pending appeal. The main contention was whether the interest accrued on the FDRs was taxable. The Assessing Officer had not included this interest in the total income initially. However, the CIT revised the assessment, directing the inclusion of the interest received on FDRs. The assessee argued that the interest was not taxable due to the pending appeal and the possibility of having to return the principal amount. The tribunal analyzed the nature of the interest received, considering the inchoate rights of the assessee and the potential liability to return the amount. The tribunal concluded that the interest had accrued to the assessee and should have been taxed, as there was no obligation to return the interest even if the principal amount was to be refunded.

The tribunal rejected the argument that the Assessing Officer's decision was based on one of the two possible reasonable views, therefore not erroneous. It was noted that the assessment was a 'Nil assessment' without proper consideration, leading to the CIT rightfully exercising jurisdiction under section 263. The tribunal also addressed the argument of the amount being held in a fiduciary capacity, distinguishing it from the present case where the amount was received as per court directions and utilized for earning interest under a separate agreement. The tribunal emphasized that the interest earned was not held in a fiduciary capacity and should be taxable. The tribunal upheld the CIT's order to include the interest in the total income, dismissing the assessee's appeal.