2021 (5) TMI 470 - AT - Income Tax

Interest income assessed under the head income from other sources - assessee has reduced interest earned on temporary fixed deposits with bank from work in progress on the ground that funds parked in temporary fixed deposits is having inextricable link with project of setting up of manufacturing facility and consequently same cannot be assessed under the head income from other sources - plea of the assessee is that although assessee has filed various evidences before learned CIT(A) in light of certain judicial precedents to prove nexus between funds parked with fixed deposits and interest income earned from fixed deposits but learned CIT(A) has not considered any evidences filed by assessee - HELD THAT - We find that learned CIT(A) has simply upheld order passed by Assessing Officer by following judgement M/s. Tuticorin Alkali Chemicals Fertilizers Ltd 1997 (7) TMI 4 - SUPREME COURT even though assessee has cited subsequent decision of CIT Vs. M/s. Bokaro Steel Ltd. 1998 (12) TMI 4 - SUPREME COURT and Indian Oil Panipat Power Consortium Ltd. 2009 (2) TMI 32 - DELHI HIGH COURT where courts after considering decision of M/s. Tuticorin Alkali Chemicals Fertilizers Ltd (supra) held that if funds kept in fixed deposits is having inextricable link with project then interest earned on short term deposits should be reduced from work in progress but cannot be assessed under the head income from other sources. Although assessee has cited those judgements learned CIT(A) has not considered judgements cited by assessee before deciding the issue. Issue needs to go back to the file of learned CIT(A) to decide the issue in light of various evidences filed by assessee including decision of Hon ble Supreme Court in the case of M/s.Bokaro Steel Ltd. Hence we set aside the issue to the file of learned CIT(A) to decide the issue afresh in accordance with law. Appeal filed by assessee is treated as allowed for statistical purposes.

Summary

Issues:
1. Assessment of interest income from fixed deposits under the head income from other sources.
2. Failure of the lower authorities to consider judicial precedents and evidences submitted by the assessee.
3. Application of legal principles regarding the nexus between funds parked in fixed deposits and interest income earned.

Analysis:

Issue 1: Assessment of interest income from fixed deposits under the head income from other sources
The appellant, engaged in manufacturing automotive engine components, brought in share capital for obtaining land on lease to set up a manufacturing facility. Due to a delay in obtaining the lease, unutilized funds were parked in temporary fixed deposits, resulting in interest income. The Assessing Officer assessed this interest income under the head income from other sources, disregarding the appellant's argument that the interest was linked to capital expenditure. The appellant contended that the funds and interest were connected to the project, thus reducing the interest from work in progress. The Tribunal noted the Assessing Officer's reliance on the Tuticorin Alkali Chemicals case but directed a fresh adjudication by the CIT(A) considering the nexus between funds and interest income.

Issue 2: Failure to consider judicial precedents and evidences
The appellant raised various grounds challenging the assessment, including the failure of the lower authorities to appreciate the facts and documents submitted. The CIT(A) disposed of the appeal without adequately considering the appellant's submissions and supporting evidence, leading to the appeal before the Tribunal. The Tribunal emphasized the importance of considering evidences and judicial precedents in reaching a decision, highlighting the need for a thorough review of the case.

Issue 3: Application of legal principles regarding the nexus between funds and interest income
The Tribunal observed that while the Assessing Officer and CIT(A) relied on the Tuticorin Alkali Chemicals case to assess the interest income under the head income from other sources, the appellant cited subsequent judgments emphasizing the nexus between funds in fixed deposits and project-related income. The Tribunal found that the CIT(A) did not adequately consider these judgments and directed a fresh adjudication to ensure a comprehensive review in light of the legal principles established by the Supreme Court and High Courts. The decision to set aside the issue for reconsideration aimed to ensure a fair assessment based on the established legal framework.

In conclusion, the Tribunal allowed the appeal for statistical purposes, highlighting the need for a thorough review of the case by the lower authorities in consideration of the legal principles and evidences presented by the appellant. The judgment emphasized the importance of a comprehensive assessment based on relevant legal precedents and the nexus between funds and interest income in determining the appropriate head of income for taxation purposes.