1987 (6) TMI 99 - AT - Income Tax

Summary

Issues:
1. Taxability of interest received from Electricity Board.
2. Adjusting interest received against interest paid.
3. Deductibility of interest paid to the bank.

Detailed Analysis:
Issue 1: The primary issue in this case was whether the interest received by the assessee from the Electricity Board was subject to income tax. The assessee, a public limited company, had not yet commenced business but had taken a loan to pay the Electricity Board for power supply. The Income Tax Officer taxed the interest amounts received, which the assessee disputed.

Issue 2: The Commissioner [Appeals] accepted the assessee's contention that the interest received should be adjusted against the interest paid, following a decision by the Special bench of the Income-tax Appellate Tribunal. However, the department argued against this adjustment, citing conflicting High Court decisions that held interest received should not be set off against interest payable.

Issue 3: The assessee contended that the interest paid to the bank should be allowed as a deduction under section 57, as the loan from the bank was solely for the purpose of providing a voluntary loan to the Electricity Board. The tribunal, however, rejected this argument, emphasizing that the loan was integrally linked to the main business activity of setting up a manufacturing unit and obtaining power for operation.

The tribunal referred to various High Court decisions to support its reasoning, highlighting that the interest payable and interest received were not directly connected in a manner that would allow for set-off. Ultimately, the tribunal allowed the departmental appeals, thereby restoring the Income Tax Officer's order to tax the interest amounts received from the Electricity Board.