2012 (8) TMI 768 - AT - Income Tax

Dis-allowance of Revenue expenditure holding them to be Capital Work in Progress assessee(SPV) engagd in development & construction services - commencement of business in AY 06-07 itself Held that - It has been agreed in principle that the business of the assessee has commenced, hence, we direct the AO to allow expenditure which are not directly attributable to the development of project but are expenses incurred from year to year for general running of the business. Directly attributable expenses shall be capitalised and added to the WIP. Interest received from Bank on certain deposits capital receipt vs Income from other sources Held that - Since it has been held for AY 06-07 that assessee has set up the business and the revenue expenditure are allowed. That being so interest income cannot be considered as a capital receipt for AY 07-08. Also it is held in the case of M/s. Tuticorin Alkali Chemicals & Fertilisers Ltd v CIT (1997 (7) TMI 4 - SUPREME COURT) that interest income from deposits even during preoperative period is assessable as income from other sources.

Summary

Issues:
1. Whether various expenditures incurred by the Assessee should be allowed as revenue expenditure or added to Capital Work in Progress.
2. Whether the income earned should be assessed to tax.

Analysis:

Issue 1:
- AY 2006-07 (ITA No. 137/Hyd/11 - Lanco Mantri Technology Park Pvt. Ltd.):
- The Assessee, engaged in developing an IT Park, claimed certain expenses as revenue deduction.
- The CIT(A) allowed revenue expenditure but directed capitalization of consultancy and legal charges.
- The Tribunal directed the AO to allow expenses not directly related to the project as revenue expenditure and to capitalize project-specific expenses.

- AY 2007-08 (ITA No 317/H/11 - Lanco Hills Technology Park Pvt. Ltd.):
- Similar to the previous year, the Assessee claimed expenses as revenue deduction.
- The CIT(A) held preoperative expenses to be capitalized, contrary to the previous year's decision.
- The Tribunal disagreed with the CIT(A) and directed the AO to allow expenses not directly linked to the project as revenue deduction.

Issue 2:
- AY 2007-08 (ITA No 507/H/11 - Departmental Appeal):
- The Assessee deposited sums with banks, and the interest received was reduced from work in progress.
- The AO treated the interest as income from other sources, which the CIT(A) considered as a capital receipt.
- The Tribunal, citing a Supreme Court decision, held the interest income assessable as income from other sources and allowed set-off against allowable deductions.

In conclusion, the Tribunal allowed the Assessee's appeals for statistical purposes and allowed the revenue's appeal. The judgments emphasized distinguishing revenue and capital expenditures and correctly assessing income for tax purposes.