2006 (3) TMI 125 - HC - Income Tax

Interest income taxed despite business initiation claim. High Court dismisses appeal.

The court upheld the assessment of interest income as taxable income from other sources, relying on precedents such as Tuticorin Alkali Chemicals and ... - Issues involved: Assessment of interest income as taxable income from other sources and disallowance of expenses incurred by the company.Assessment of interest income: The Assessing Officer, the Commissioner of Income-tax, and the Income-tax Appellate Tribunal unanimously concluded that the appellant-assessee did not conduct any business during the relevant assessment year but earned interest by parking surplus funds with various companies. Citing the Supreme Court decision in Tuticorin Alkali Chemicals and Fertilizers Ltd. v. CIT [1997] 227 ITR 172, the interest income was treated as taxable income from other sources. The High Court upheld this view, emphasizing the consistency with Supreme Court precedents, including CIT v. Autokast Ltd. [2001] 248 ITR 110 and CIT v. Dr. V.P. Gopinathan [2001] 248 ITR 449, which established that interest income from such investments is taxable irrespective of the source of funds.Disallowance of expenses: The appellant argued that since the company had initiated business activities but did not actually transact any business, the expenses incurred should not be disallowed. However, all authorities concurred that no business transactions took place. The Tribunal, while acknowledging this, allowed certain expenses for maintaining the company's status and deducted them from the income from other sources. The High Court noted that this allowance might not strictly align with the law but declined to interfere as there was no appeal by the Revenue against the Tribunal's decision. Consequently, the appeal was dismissed, with the court finding no substantial question of law warranting consideration in this matter.