2006 (1) TMI 81 - HC - Income Tax

(i) Whether, on the facts and circumstances of the case and the provisions of sections 158BB(1) and 158BB(1)(c), the learned Tribunal was justified in holding that if the total income in those assessment years in which the return was not filed before the search was conducted, is below the taxable limit after claiming deduction under section 80L of the Act, the income of that year shall not be considered as part of the undisclosed income? (ii) Whether, Tribunal was justified in applying the provisions of section 10(4)(ii), to hold that interest on FDRs, made out of withdrawal from NRE account should also be treated as exempt under the said provision and thereby deleting the addition of Rs. 2,24,213 being interest earned on FDRs? - interest on the said FDR was exempted under section 10(4)(ii) both question are answered against the appeallant-revenue

Summary

Issues:
1. Interpretation of section 158BB(1) and 158BB(1)(c) regarding undisclosed income.
2. Application of section 10(4)(ii) for exemption of interest on FDRs from NRE accounts.

Interpretation of Section 158BB(1) and 158BB(1)(c):
The case involved an appeal under section 260A of the Income-tax Act, 1961, where the Commissioner challenged the order of the Income-tax Appellate Tribunal regarding undisclosed income determination. The Tribunal had held that if the total income in years without filed returns before a search remains below the taxable limit after deduction under section 80L, it should not be part of undisclosed income. The court analyzed the amendment by the Finance Act of 2002, stating that undisclosed income for the block period should be computed with deductions like section 80L. Consequently, the court upheld the Tribunal's decision on this issue.

Application of Section 10(4)(ii) for Exemption of Interest on FDRs:
The second issue revolved around whether interest on FDRs from NRE accounts should be exempt under section 10(4)(ii). The Department argued that the FDRs were not deposited in compliance with the Foreign Exchange Regulation Act, thus not eligible for exemption. However, the Tribunal and respondent contended that interest on NRE FDRs should be exempt to encourage non-resident Indians to bring foreign currency into India. The court agreed with the Tribunal, emphasizing that the interest on FDRs represented money in the NRE account, making it eligible for exemption under section 10(4)(ii). The court highlighted that the original deposit in the NRE account was made in accordance with the law, allowing interest exemption. Consequently, the court dismissed the appeal as both substantial questions of law were answered against the appellant.

This judgment clarifies the interpretation of sections 158BB(1) and 158BB(1)(c) in determining undisclosed income and the application of section 10(4)(ii) for exempting interest on FDRs from NRE accounts. It underscores the importance of compliance with relevant laws for claiming exemptions and upholds the Tribunal's decision based on legal provisions and the objective of encouraging foreign currency investments.