2012 (8) TMI 488 - AT - Income Tax

Interest on borrowed funds - proportionate dis-allowance attributing the same towards Capital Work In Progress - Held that - There is opening WIP of Rs. 3.16 crores in relation to which no disallowance of interest had been made in the preceding year which means that capital WIP to that extent had been accepted by the department as explained from own funds. Therefore no disallowance of interest can be made in relation to the opening WIP. The addition during the year is only Rs. 66.50 lakh. The capital and reserve of the assessee had increased during the year of Rs.10 crores and increase in loans during the year was only of Rs. 3 crore. Moreover, the assessee during the year had earned profit of Rs. 14 crores. Therefore, capital addition during the year is easily explained out of own funds. Dis-allowance deleted Depreciation on UPS - Revenue contending 15% whereas assessee contended 15% - Held that - Depreciation @ 60% has to be allowed in case of UPS. See CIT vs BSES Rajdhani Powers Limited (2010 (8) TMI 58 - DELHI HIGH COURT) Interest income received from fixed deposits kept as margin money for LCs / Bank Guarantee and also as security deposit with Maharashtra State Electricity Board (MSEB) - Business Income or Income from other sources - Held that - Interest income has to be considered as incidental business income. See CIT Vs Indo Swiss Jewels Limited And Another (2005 (9) TMI 47 - BOMBAY HIGH COURT) - Decided in favor of assessee

Summary

Issues:
1. Disallowance of interest attributed towards Capital Work In Progress (CWIP)
2. Disallowance of depreciation on UPS
3. Nature of interest income

Issue 1: Disallowance of interest attributed towards Capital Work In Progress (CWIP)
The dispute revolved around the disallowance of interest amounting to Rs. 23,67,420 attributed towards Capital Work In Progress (CWIP) for the Assessment Year 2008-09. The Assessing Officer (AO) disallowed the interest, stating that the assessee failed to prove that borrowed funds were not utilized for capital expenditure. The CIT (A) upheld the disallowance, leading to an appeal before the Tribunal. The Tribunal analyzed the financial details and arguments presented. It noted that the assessee had sufficient own funds to explain the capital addition to CWIP, thus rejecting the disallowance of interest. The Tribunal found no reason for the disallowance and allowed the assessee's claim.

Issue 2: Disallowance of depreciation on UPS
The second dispute concerned the disallowance of depreciation on an Uninterruptible Power Supply (UPS) system. The AO allowed depreciation at 15% instead of the claimed 60%, as the UPS was considered an apparatus for backup power and not an integral part of a computer. The CIT (A) upheld the AO's decision, leading to an appeal. The Tribunal examined the arguments, referencing a Special Bench decision and a High Court judgment. It distinguished the Special Bench decision, ruling in favor of the assessee based on the High Court judgment, which allowed depreciation at 60% for UPS used with computers.

Issue 3: Nature of interest income
The third dispute involved the nature of interest income of Rs. 4,39,682. The AO treated the interest income as income from other sources, contrary to the assessee's claim of it being business income. The CIT (A) supported the AO's decision, leading to an appeal. The Tribunal reviewed the contentions and noted that the interest income arose from fixed deposits related to the business activities. It differentiated the case from the precedent cited by the authorities and considered the interest income as incidental business income, following a High Court judgment. Consequently, the Tribunal allowed the assessee's appeal, considering the interest income as business income.

In conclusion, the Tribunal ruled in favor of the assessee on all three issues, overturning the decisions of the lower authorities and allowing the appeals related to the disallowance of interest attributed towards CWIP, depreciation on UPS, and the nature of interest income.