2016 (6) TMI 1325 - AT - Income Tax

Deduction u /s 10A denied on interest income - interest income is in the nature of Business Income and is derived from the industrial undertaking and not allowing deduction u/s 10A - Held that - Similar issue arose in assessee s own case in earlier year i.e. A.Y. 2009- 10 2016 (3) TMI 1285 - ITAT MUMBAI as held interest income earned by the assessee has a direct nexus and was derived from the assessee s business and was therefore entitled to be considered for deduction u/s.10A of the Act. - decided in favour of assessee

Summary

Issues:
Claiming interest income as business income for deduction u/s.10A of the Act.

Analysis:
The appellant filed an appeal against the Commissioner of Income-Tax (Appeals)-18, Mumbai, challenging the decision regarding the treatment of interest income as business income for deduction u/s.10A of the Act. The issue revolved around the appellant's claim that interest income amounting to Rs. 12,86,93,787 was derived from the industrial undertaking and should be considered as business income. It was highlighted that a similar issue had been decided in favor of the appellant in a previous year. The Tribunal considered the submissions and material on record, noting that the interest income had a direct nexus with the appellant's business and was derived from the industrial undertaking. Referring to previous decisions, the Tribunal upheld the appellant's claim for deduction u/s.10A of the Act in respect of the interest income.

The Tribunal observed that there was no material difference in facts for the impugned assessment year compared to previous decisions. Following the consistent view of the Tribunal in the appellant's own case, the claim for deduction under section 10A in respect of interest income was allowed. The Departmental Representative did not present any contrary evidence, and as the facts remained similar, the Tribunal allowed the appellant's claim for deduction u/s.10A of the Act in respect of the interest income. Consequently, the appeal filed by the appellant was allowed, and the Assessing Officer was directed to verify the exact amount of interest income and allow the exemption under section 10A accordingly.

In conclusion, the Tribunal, in its judgment dated June 24, 2016, allowed the appellant's appeal regarding the treatment of interest income as business income for deduction u/s.10A of the Act. The decision was based on the direct nexus of the interest income with the appellant's business activities and consistent rulings in similar cases. The Tribunal emphasized the importance of verifying the exact amount of interest income for allowing the exemption under section 10A.