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2022 (5) TMI 1225 - AT - Income TaxDeduction u/s. 80IA(4) (iii) - eligibility of interest on land premium for deduction under section 80IA - As per AO interest income shown by the assessee was the part of profit attributable to the business of the assessee and it was not derived from eligible business activities - assessee submitted that the claim for deduction included interest on land premium on some industrial parks, in respect of which deduction under section 80IA had been claimed - CIT(A) deleted the addition - HELD THAT - As the issue boils down to as to whether the receipts from the clients of the assessee who choose to make lumpsum upfront payment and who choose to make deferred installment payments along with interest are to be treated alike or not it is held that since the receipt of interest is intrinsically linked to the primary activity of allotment of plots in the industrial park, it is hereby held that the interest is derived from the eligible business and thus, eligible for the purpose of direction u/s. 80 IA of the Act. Ergo, we hereby affirm the decision of Ld. CIT(A).- Decided in favour of revenue.
Issues Involved:
1. Eligibility of interest income on land premium for deduction under Section 80IA(4)(iii) of the Income Tax Act. Detailed Analysis: 1. Eligibility of Interest Income on Land Premium for Deduction Under Section 80IA(4)(iii): The primary issue in this case is whether the interest income earned by the assessee on land premium qualifies for deduction under Section 80IA(4)(iii) of the Income Tax Act. The revenue contends that the interest income is not 'derived from' the eligible business activities but is merely 'attributable to' the business, hence, it should not qualify for the deduction. The assessee, a Government of Uttarakhand enterprise, filed its return for the assessment year 2011-12, claiming a deduction under Section 80IA(4)(iii) for the units developed at Pant Nagar Industrial Estate and BHEL, Haridwar. During the assessment, the Assessing Officer (AO) observed that the assessee’s profit included interest on amounts due from allottees of the industrial estate, which the AO argued was not directly derived from the eligible business activities but was incidental to the financing arrangement. The AO's key observations included: - The land for industrial parks was provided by the State Government, and the developed plots were leased to interested parties. - The assessee did not own the land; the land premium received was credited as a liability, and the interest on deferred payments was treated as the assessee's income. - The AO concluded that the interest income was incidental to the financing activity and not derived directly from the business of developing, operating, or maintaining industrial parks. Hence, it was categorized as income from other sources and not eligible for deduction under Section 80IA. The Commissioner of Income Tax (Appeals) [CIT(A)], however, disagreed with the AO. The CIT(A) noted that the assessee is a state government undertaking with the primary objective of fostering industrial development. The CIT(A) emphasized that: - The assessee’s activities, including the development and management of industrial parks, are its main business activities. - The interest income from deferred payments is directly linked to the business of developing and managing industrial parks. - The CIT(A) referred to previous judicial decisions, including the Supreme Court's judgment in the case of Govinda Chowdhury, which held that interest on delayed payments is considered business income and eligible for deduction. The CIT(A) concluded that the interest income on deferred payments is derived from the eligible business activities and allowed the deduction under Section 80IA. Upon appeal by the revenue, the Tribunal affirmed the CIT(A)’s decision. The Tribunal held that: - The interest income is intrinsically linked to the primary activity of allotment of plots in the industrial park. - The interest income arises out of the eligible business of developing, operating, and maintaining industrial parks. - The distinction between income 'derived from' and 'attributable to' the business, as discussed in the Supreme Court’s decision in Liberty India, does not apply in this case because the interest income is directly linked to the assessee’s primary business activities. Thus, the Tribunal concluded that the interest income is eligible for deduction under Section 80IA(4)(iii) and dismissed the revenue’s appeal. Conclusion: The Tribunal upheld the CIT(A)’s decision, affirming that the interest income on deferred payments is derived from the eligible business activities of developing, operating, and maintaining industrial parks, and is thus eligible for deduction under Section 80IA(4)(iii) of the Income Tax Act. The appeals of the revenue were dismissed.
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