1968 (4) TMI 2 - HC - Income Tax

Share money which the company received from Govt. not being immediately required by it was deposited in call-deposits in certain banks - interest received on them cannot be taxed under s. 28 as business income but chargeable to income-tax u/s 56 of the Act as income from other sources

Summary

Issues:
1. Classification of interest income received by the assessee as business income or income from other sources under the Income-tax Act, 1961.

Detailed Analysis:
The judgment delivered by the High Court of Madhya Pradesh involved a reference under section 256(1) of the Income-tax Act, 1961, to decide whether a sum of Rs. 20,856 received by the assessee as interest should be taxed under section 28 as business income or under section 56 as income from 'other sources'. The assessee, a government private limited company, received interest on deposits made with banks during a period of capital expenditure and installation of machinery and plant, where no actual business was conducted. The company contended that the interest should be treated as income from business due to its authorization to engage in money-lending activities under its memorandum of association.

The Income-tax Officer and subsequent appellate authorities held that the interest income was not derived from money-lending business but fell under "other sources" as per section 56 of the Act. The Tribunal noted that the company did not engage in any business activity during the period in question and concluded that the interest earned on deposits did not constitute business income. The court analyzed the relevant clauses of the company's memorandum and articles of association, emphasizing that the mere deposit of share capital in banks for interest did not align with the company's core business activities of running projects and industries.

The court cited precedents to establish that for an activity to be considered part of a company's business, it must align with the objects enumerated in its memorandum or articles of association. The court distinguished the present case from a Supreme Court decision involving a banking company earning rental income, highlighting that the nature of the business and the purpose of the deposits were crucial factors in determining the classification of income. Ultimately, the court held that the interest income earned was not business income but income from "other sources" under section 56 of the Act, as it did not arise from the company's core business activities.

In conclusion, the court ruled that the interest income of Rs. 20,856 received by the assessee was chargeable to income tax under section 56 as income from other sources and not under section 28 as business income. The court ordered the assessee to bear the costs of the reference, with the counsel's fee set at Rs. 200.