2013 (6) TMI 459 - AT - Income Tax

Entitlement to deduction u/s 80-IB(10) on interest received - Held that - There is no dispute about the fact that the interest in question relates to the amounts payable by the flat buyers in connection with the purchase of the flats from the assessee. Thus perusing the order of the CIT (A) the relief granted to the assessee relying on the judgment of CIT Vs. Bhansali Engineering Polymers Ltd ( 2008 (4) TMI 236 - BOMBAY HIGH COURT). Also as decided in Vidyut Corporation (2010 (4) TMI 229 - BOMBAY HIGH COURT) and find that the same is relevant for the proposition that the interest on belated payment of sales price of goods sold is an allowable deduction u/s 80-IB. The interest received by the assessee in connection with the delay payment of sales proceeds of the traded goods ie flats in this instant case, constitute part of the sales proceeds. Allowability of deduction u/s 80IB(10) in respect of such sales proceeds is not hit adversely by the cited judgment in the case of Liberty India (2009 (8) TMI 63 - SUPREME COURT). Thus order of the CIT (A) does not call for any interference. In favour of assessee.

Summary

Issues involved:
- Allowability of deduction u/s 80-IB(10) on interest received
- Interpretation of interest income as business income
- Applicability of judgments in determining deduction eligibility

Analysis:
1. The appeal filed by the Revenue challenged the order of CIT (A) regarding the deduction u/s 80-IB(10) of the IT Act, 1961 on interest received. The Revenue contended that the interest income should not be considered for deduction based on a previous Supreme Court decision. The CIT (A) had allowed the deduction partially, leading to the appeal before the Tribunal.

2. The assessee, engaged in the business of builder and property developers, claimed deduction u/s 80-IB(10) for a site at Akruti Orchid Park. The dispute arose when the Assessing Officer (AO) categorized interest received on delayed payments as 'other income,' not eligible for deduction. The CIT (A) partly allowed the appeal, prompting the Revenue's appeal before the Tribunal.

3. During the Tribunal proceedings, the counsel for the assessee argued that the interest received was related to delayed payments for goods traded, specifically flats purchased. Citing relevant High Court judgments, the counsel asserted that such interest should be eligible for deduction u/s 80-IB(10). The Revenue, however, relied on the AO's order to oppose the deduction.

4. The Tribunal examined the nature of the interest income, emphasizing that it was connected to payments by flat buyers. Referring to the CIT (A) order and relevant High Court judgments, the Tribunal concluded that the interest on delayed payments constituted part of the sales proceeds and should be allowed as a deduction u/s 80-IB(10). The Tribunal dismissed the Revenue's appeal, affirming the CIT (A) decision.

5. The Tribunal's decision was based on the understanding that the interest received on delayed payments for traded goods, in this case, flats, formed part of the sales proceeds and was eligible for deduction u/s 80-IB(10). The judgment highlighted the settled legal proposition supporting the allowance of such deductions, ultimately upholding the CIT (A) decision and dismissing the Revenue's appeal.