2007 (2) TMI 441 - AT - Income Tax

Tribunal rules interest income not offsettable against loan interest, disallows deduction under section 57.

The Tribunal dismissed the appeal, affirming that there was no direct nexus between the interest earned from the advance to M/s. Capricon Shopping Complex ... Income from other sources, Losses - Set off of from one head against income from another Issues Involved:1. Disallowance of deduction of interest paid on a bank loan utilized for advancing to another entity.2. Classification of interest income under 'Income from other sources.'3. Nexus between the loan taken and the interest received.Issue-wise Detailed Analysis:1. Disallowance of Deduction of Interest Paid on Bank Loan:The assessee argued that the interest paid on the bank loan, which was utilized for advancing to M/s. Capricon Shopping Complex, should be deducted from the interest received from the same advance. The interest paid and received were the same, i.e., Rs. 3,00,823, resulting in no net income under 'Income from other sources.' The Assessing Officer disallowed this deduction, stating that the loan was initially taken for export business and not for advancing to another entity. The appellate authority upheld this view, noting that the interest on the original loan could not remain unadjusted for a long period and that there was no diversion of interest-bearing funds during the current year.2. Classification of Interest Income under 'Income from other sources':The assessee agreed before the Assessing Officer to classify the interest received from M/s. Capricon Shopping Complex under 'Income from other sources.' The Assessing Officer and the appellate authority maintained that the interest received on the loan advanced to Capricon Complex was taxable as 'Income from other sources' because the loan was not connected with the assessee's export business, which was the original purpose of the bank loan.3. Nexus Between the Loan Taken and the Interest Received:The assessee claimed a direct nexus between the loan taken from the bank and the interest received from the advance to Capricon Shopping Complex. The Assessing Officer and the appellate authority disagreed, stating that the loan taken for export business was diverted to another concern, and hence, the interest paid on the loan could not be deducted from the interest received. The appellate authority emphasized that the principle of 'First in first out' applied, meaning earlier O/D funds get adjusted first before fresh O/D loans are taken. The appellate authority also noted that the interest paid to the bank in the current year was related to the export business, not the loan advanced in 1992.Conclusion:The Tribunal dismissed the appeal, agreeing with the Assessing Officer and the appellate authority that there was no direct nexus between the interest earned from M/s. Capricon Shopping Complex and the interest paid to the bank. The Tribunal held that the interest income from the advance was correctly classified under 'Income from other sources' and that the interest paid on the loan taken for export business could not be set off against this income. The decision of the Apex Court in the case of Dr. V.P. Gopinathan was found applicable, and the claim for deduction under section 57 was disallowed.