2004 (9) TMI 8 - HC - Income Tax

Whether on the facts and in the circumstance of the case, the Tribunal was right in holding that interest of Rs. 2,54,279 was assessable as assessee s income for the assessment year 1978-79? - interest earned by the applicant has rightly been held to be its income and taxable under the head Income from other sources . We answer the question of law referred to us in the affirmative i.e., in favour of the Revenue and against the assessee

Summary

Issues:
1. Assessability of interest income earned by the applicant for the assessment year 1978-79.

Analysis:
The judgment of the High Court of ALLAHABAD addressed the issue of whether the interest income of Rs. 2,64,279 earned by the applicant, a public limited company engaged in the business of manufacturing sugar, was assessable as income for the assessment year 1978-79. The applicant had borrowed funds for setting up a sugar mill and had earned interest on surplus funds deposited in short-term deposits with banks. The Income-tax Officer assessed the interest earned as income from other sources, leading to an appeal by the applicant. The Commissioner of Income-tax (Appeals) initially ruled in favor of the applicant, considering only the net interest payable against loans taken for construction. However, the Tribunal reversed this decision, holding that the interest in question was assessable under the head "Income from other sources."

The court considered the arguments presented by both parties. The applicant contended that the interest earned should be set off against the interest payments made, resulting in no assessable income. The Revenue, represented by the standing counsel, argued that income falling outside specified heads is chargeable under "Income from other sources" as per the Income-tax Act. The court referred to various legal precedents cited by both parties, including decisions by the Supreme Court and other High Courts, to analyze the applicability of the Act to the case at hand.

The court ultimately relied on the decision of the Supreme Court in the case of Tuticorin Alkali Chemicals and Fertilizers Ltd., which established that interest earned on surplus funds kept in short-term deposits is chargeable under section 56 of the Income-tax Act. The court emphasized that a company can have multiple sources of income, each subject to taxation, even if the business has not commenced. The interest earned by the applicant was deemed taxable under the head "Income from other sources" based on this legal interpretation and precedent.

Conclusively, the court answered the question of law in favor of the Revenue and against the assessee, affirming that the interest income earned by the applicant was rightly held to be taxable under the specified head. No costs were awarded in this judgment.