2016 (7) TMI 10 - AT - Income Tax

Eligibility for deduction u/s 80IAB for interest income - whether interest income was inextricably linked to the company s business activity and therefore eligible for deduction under section 80IAB? - Held that - On perusal of the financial statements of the assessee company the main source of income being lease income and assessee offered interest income. Further, similar interest income for the assessment year 2007-2008 was obtained. The ld. Authorised Representative could not support with explanation whether assessee has claimed deduction u/s.80IAB of the Act for the assessment year 2008-09 on interest income. We found the assessee could not substantiate the direct nexus with the industrial undertaking and we rely on decision of Supreme Court in the case of Pandian Chemicals Ltd vs. CIT 2003 (4) TMI 3 - SUPREME Court wherein held that interest derived by the industrial undertaking of the assessee on deposits made with the Electricity Board for the supply of electricity for running the industrial undertaking could not be said to flow directly from the industrial undertaking itself and was not profits or gains derived by the undertaking for the purpose of the special deduction under section 80HH - Decided against assessee

Summary

Issues:
- Eligibility of interest income for deduction u/s80IAB of the Income Tax Act, 1961.

Analysis:
1. The appeal was filed against the order of the Commissioner of Income-tax (Appeals) confirming that interest income of INR 2,52,04,544 derived from an industrial undertaking is not eligible for deduction u/s80IAB of the Act. The Assessing Officer found that interest income does not form part of business profits of an undertaking eligible for deduction u/s80IAB. The ld. Commissioner of Income Tax (Appeals) upheld this decision, stating that interest earned from bank deposits does not fit into the business activity of the appellant company eligible for deduction u/s80IAB.

2. In the appellate proceedings, the ld. Authorised Representative raised additional grounds, arguing that the interest income was incidental to the business activities of developing and leasing IT parks, making it eligible for deduction u/s80IAB. However, the ld. Commissioner of Income Tax (Appeals) dismissed the appeal, emphasizing that the interest income did not have a direct nexus with the industrial undertaking, citing a Supreme Court case to support the decision.

3. The Tribunal considered the nature of the business, where security deposits from tenants were deposited in fixed deposits to earn interest, and whether this interest income could be considered as profit from the business undertaking. The Tribunal noted that while the assessee claimed deduction u/s80IAB on the interest portion, it was limited based on the Auditor certificate, and the balance was treated as income from other sources. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) based on the lack of a direct nexus between the interest income and the industrial undertaking, as per the Supreme Court precedent.

4. Ultimately, the Tribunal dismissed the appeal, stating that the interest income did not have a direct or immediate nexus with the industrial undertaking, as required for eligibility for deduction u/s80IAB. The Tribunal relied on the precedent to support the decision and upheld the order of the Commissioner of Income Tax (Appeals).

This detailed analysis of the judgment highlights the key arguments, decisions, and legal reasoning involved in determining the eligibility of interest income for deduction under the Income Tax Act, 1961.