1997 (11) TMI 145 - AT - Income Tax

Summary

Issues Involved:
1. Whether the interest earned on deposits made by the assessee with banks and private parties can be treated as profits and gains derived from the industrial undertaking for claiming deductions u/s 80HHA and 80-I.

Summary:

Issue 1: Interest Earned on Deposits and Deductions u/s 80HHA and 80-I

The main question arising from the orders of the CIT(Appeals) is whether the interest earned on the deposits made by the assessee with banks and private parties can be treated as profit and gains derived from the industrial undertaking for claiming deductions u/s 80HHA and 80-I. The assessee, an industrial undertaking, claimed that the interest income should be considered as profits and gains derived from the industrial undertaking. The Assessing Officer (AO) rejected this contention, stating that the expression "derived from" is narrower in import compared to "attributable to," as decided by the Supreme Court in Cambay Electric Supply Industrial Co. Ltd. v. CIT [1978] 113 ITR 84. Consequently, the interest income was assessed under the head "Income from other sources."

On appeal, the CIT(Appeals) accepted the assessee's contention, following the decision of the Tribunal in the case of Patni Computer Systems (P.) Ltd., and directed the AO to allow the relief. Aggrieved by this, the revenue preferred an appeal.

During the assessment year 1993-94, the assessee earned interest income of Rs. 17,83,743 on deposits with private parties and claimed it as profits and gains derived from the industrial undertaking for computing relief u/s 80HHA. The AO rejected this claim, following several judicial decisions, and reduced the claim under section 80HHA by Rs. 3,56,750. The CIT(Appeals) confirmed the AO's view, leading to an appeal by the assessee.

The Tribunal, after hearing both parties, held that the interest income on deposits made out of surplus funds cannot be treated as profits and gains derived from an industrial undertaking eligible for deduction u/s 80HHA and 80-I. The Tribunal emphasized that the words "derived from" require a direct and proximate nexus with the activity of manufacture or production, which was not present in the case of interest income from deposits.

However, the Tribunal accepted the assessee's contention that interest on fixed deposits made for opening letters of credit, which have a direct nexus with the manufacturing activity, should be treated as profits and gains derived from the industrial undertaking. The matter was remanded to the AO to verify if the fixed deposits were made for opening letters of credit.

Conclusion:

The Tribunal held that the assessee is not entitled to deductions u/s 80HHA and 80-I for interest earned on deposits with banks or private parties. However, the assessee is entitled to deductions if it is proven that the fixed deposits were made for opening letters of credit. The order of the CIT(Appeals) for the assessment year 1992-93 was modified, and the order for 1993-94 was upheld on this issue.