2022 (7) TMI 254 - AT - Income Tax

Characterization of income - Taxability of interest income - HELD THAT - As decided in own case 2022 (1) TMI 653 - KARNATAKA HIGH COURT interest income cannot be considered as income and has to be capitalized. Respectfully following the same, we hold that interest income in question brought to tax by the AO has to be held as not taxable and the addition made in this regard is directed to be deleted. For other income being tender fees and miscellaneous income is concerned, we find the Hon ble Madras High Court in the case of M/s. Indian Power Projects Ltd. 2015 (4) TMI 1181 - MADRAS HIGH COURT dealt with identical issue arising in the case of an assessee which is a public sector undertaking such as the assessee to hold that the receipts are capital receipts which would go to reduce the cost of the project and inextricably linked with the setting up of the business of the assessee and not chargeable to tax as income from other sources. Appeal of assessee allowed.

Summary

Issues Involved:
1. Condonation of delay in filing the appeal.
2. Taxability of interest income earned on investments from surplus funds.
3. Taxability of miscellaneous income including tender fees.

Issue-wise Detailed Analysis:

1. Condonation of Delay in Filing the Appeal:
The appeal was filed with a delay of 1240 days. The assessee attributed the delay to wrong professional advice, which suggested that no relief could be expected from the appellate forum and advised remitting the disputed taxes. The Tribunal considered the affidavit submitted by the assessee and the fact that the delay was due to professional advice. The Tribunal emphasized that substantial justice should prevail over technicalities, citing various judicial precedents, including the Supreme Court decision in the case of Mst. Katiji, which emphasized a lenient approach in condoning delays. The Tribunal also noted that the delay did not result in any loss to the revenue as legitimate taxes payable would still be collected. Consequently, the Tribunal condoned the delay in filing the appeal.

2. Taxability of Interest Income Earned on Investments from Surplus Funds:
The assessee, a wholly owned company of the Government of Karnataka, argued that the interest income earned on surplus funds invested in fixed deposits and mutual funds should not be taxed as it was to be utilized for the Bangalore Metro Rail Project. The Tribunal referred to the Karnataka High Court's decision in the assessee’s own case for Assessment Years 2007-08 and 2008-09, which held that such interest income is not taxable and should be capitalized. The High Court had distinguished the facts from the Tuticorin Alkali Chemicals case, noting that the funds were part of a government project and not for commercial exploitation. The Tribunal, following the High Court's decision, held that the interest income in question was not taxable and directed its deletion.

3. Taxability of Miscellaneous Income Including Tender Fees:
The miscellaneous income included tender fees and other receipts. The Tribunal referred to the decision of the Madras High Court in the case of M/s. Indian Power Projects Ltd., which dealt with the taxability of pre-commencement receipts. The High Court had held that such receipts, being inextricably linked to the process of setting up the business, should be treated as capital receipts and not as income from other sources. The Tribunal applied this reasoning to the assessee’s case, concluding that the miscellaneous income was capital in nature and should reduce the cost of the project rather than being taxed as income. The Tribunal held that these receipts were not chargeable to tax and directed their exclusion from taxable income.

Conclusion:
The Tribunal allowed the appeal of the assessee, condoning the delay in filing the appeal and holding that both the interest income and miscellaneous income were not taxable. The interest income was to be capitalized, and the miscellaneous income was considered as capital receipts linked to the project setup, thus not chargeable to tax.