2014 (6) TMI 141 - AT - Income Tax

Taxability of interest income Business income or income from other sources No business activity carried on Held that - CIT(A) while allowing the claim of the assessee has observed that among other objects as per the memorandum and article of association of the assessee company, one of the objects was to lend and advance or to give money on credit to such persons or companies on such terms and conditions as may seem expedient - CIT(A) was of the view that one of the objects of the company was also to lend the money and that the claim of the assessee has been consistently allowed by the AO in the earlier years and for this year there was no change of facts and circumstances in the case in hand thus, there was no reason to interfere in the order of the CIT(A) interest income is taxable as income from business - Decided against Revenue.

Summary

Issues:
1. Classification of interest income as business income or income from other sources.
2. Allowance of expenses deducted from interest income.
3. Consistency in assessing interest income and expenses deduction.

Analysis:
1. The appeal involved a dispute regarding the classification of interest income of Rs.40,29,664/- as either business income or income from other sources. The Assessing Officer (AO) contended that the interest income, derived from loans and advances, should be considered income from other sources as the assessee was not engaged in any business activity during the year. However, the Commissioner of Income Tax (Appeals) (CIT(A)) held that the interest income was part of the business activity of the assessee, allowing the deduction of related expenses. The Tribunal upheld the CIT(A)'s decision, emphasizing that one of the objects of the company was to lend money, and the interest income had been consistently assessed as business income in previous years. The Tribunal dismissed the Revenue's appeal, affirming the interest income's classification as business income.

2. The second issue revolved around the allowance of expenses to be deducted from the interest income. The AO disallowed a portion of the expenses claimed by the assessee, adding back the disallowed amount to the assessee's income. However, the CIT(A) deleted the addition, stating that the expenses incurred in relation to the export-import business were deductible from the interest income. The Tribunal concurred with the CIT(A)'s decision, highlighting that the expenses were related to the company's business activities, and allowed the deduction of expenses from the interest income, resulting in the re-computation of the total income as per the assessee's return.

3. The final issue addressed the consistency in assessing interest income and expenses deduction. The Tribunal noted that the CIT(A) had consistently allowed the claim of the assessee regarding interest income and related expenses in previous years. The Tribunal rejected the Revenue's reliance on a previous case, emphasizing that the present case involved distinct facts, including the company's object of money lending. Consequently, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s order and maintaining the consistency in assessing interest income and expenses deduction.