2012 (5) TMI 70 - HC - Income Tax

Supreme Court affirms finance charges as taxable income, emphasizing consistent accounting methods

Sri Chakra Financial Services Limited Versus The Commissioner of Income-tax, Central, Bangalore

The Supreme Court upheld the Revenue's computation of the assessee's income from finance charges, emphasizing that the method of accounting consistently ... Methodology of computation of the assessee's income from finance charges. - System of accounting - accrual of income - Held that:- there is no indication of the assessee's hire purchase agreements reflecting bifurcation of the EMIs into principal and interest components. In the absence thereof, the common and accepted usage of the Indexing system of accounting in the hire purchase trade must be held to be valid as otherwise the rate of interest under the mercantile system in so far as the later EMIs are concerned would be far higher and contrary to the rate prescribed in the assessee's agreements. Further, as the assessee had itself employed this system of accounting in its books of account, applying the law laid down in SANJEEV WOOLEN MILLS (2005 -TMI - 6166 - SUPREME Court), the Department was bound to accept the same for the assessment proceedings. The law laid down by the Special Bench of the Income Tax Appellate Tribunal at Hyderabad in NAGARJUNA INVESTMENT TRUST LIMITED (1997 -TMI - 65897 - ITAT HYDERABAD) was correct. In the event the hire purchase or leasing agreement did not give the apportionment or bifurcation of the EMIs between the principal and interest components, the interest income in relation to such agreements, recognized on the basis of SOD system of accounting by the assessee in its books of account, represents the 'real income' accrued to the assessee. - Decided in favor of revenue. Issues Involved:1. Methodology of computation of the assessee's income from finance charges.2. Loss claimed on account of revaluation of shares.Detailed Analysis:1. Methodology of Computation of the Assessee's Income from Finance Charges:The central issue in this appeal under Section 260-A of the Income Tax Act, 1961, is the methodology for computing the assessee's income from finance charges. The assessee, a public limited company engaged in leasing, hire purchase, and finance, admitted a loss of Rs.7,09,738/- for the assessment year 1987-88, but the Assistant Commissioner of Income Tax assessed the income at Rs.6,77,460/- due to disallowances and additions related to finance charges, loss on revaluation of shares, and notional interest on interest-free loans.Finance charges, representing the interest component of hire purchase instalments, were credited as Rs.12,33,700/- in the profit and loss account but reduced to Rs.6,71,326/- in the income return, arguing that Rs.5,62,374/- did not accrue as income. The Assessing Officer (AO) did not accept this deduction and included the full credited amount in the income computation.The Commissioner of Income Tax (Appeals) accepted the assessee's stand, but the Income Tax Appellate Tribunal reversed this decision, leading to the current appeal. The Court admitted the appeal solely on the question of the methodology for computing income from finance charges.The assessee used the 'Indexing' or 'Sum of Digits' (SOD) system in its books but adopted the mercantile system in its income return, showing lesser revenue receipts. The AO found the mercantile system inappropriate for hire purchase transactions as it did not reflect the true state of affairs, leading to higher interest rates in later years. The AO held that the assessee should adopt the same accounting system for business and tax purposes, as it maintained its books on the indexing system.The Commissioner opined that hypothetical income based on book entries could not be taxed, and the differential income from finance charges did not materialize as per the mercantile system. The Tribunal, however, followed a previous decision (DEPUTY COMMISSIONER OF INCOME TAX V/s. NAGARJUNA INVESTMENT TRUST LIMITED) that finance charges recognized in the books should be considered real income liable for assessment.The Supreme Court in UNITED COMMERCIAL BANK V/s. COMMISSIONER OF INCOME-TAX held that real income, as shown in the IT Return based on the regularly employed method of accountancy, should be considered for tax purposes. The Court also emphasized that the method of accounting adopted by the taxpayer consistently cannot be discarded by the authorities.In the present case, the AO had to determine which accounting system reflected the real income of the assessee. The Supreme Court in SANJEEV WOOLEN MILLS V/s. COMMISSIONER OF INCOME-TAX stated that the method should show real income, and if not, the AO could adopt an appropriate method for true income determination.The AO found the indexing system more appropriate for hire purchase financing, reflecting the correct components of principal and interest. The Commissioner, however, concluded that the finance charges computed by the SOD system were hypothetical and did not materialize. The Tribunal, relying on the NAGARJUNA INVESTMENT TRUST LIMITED case, held that finance charges recognized on the SOD basis represented real income accrued to the assessee.The Madras High Court in ASHOK LEYLAND FINANCE LIMITED V/s. ASSISTANT COMMISSIONER OF INCOME TAX held that income accrual depends on the contract terms and not the accounting technique. However, in the present case, there was no indication of bifurcation of EMIs into principal and interest in the agreements, validating the indexing system as it reflected the real rate of interest.The Court concluded that the law laid down in NAGARJUNA INVESTMENT TRUST LIMITED was correct. The interest income recognized on the SOD basis in the books represented the real income accrued to the assessee. The Tribunal's reliance on this judgment was justified, and the substantial question of law was answered in favor of the Revenue.2. Loss Claimed on Account of Revaluation of Shares:The Court did not find any arguable question of law regarding the loss claimed on revaluation of shares, as the Tribunal's reasoning was based on the appreciation of facts. Therefore, this issue was not considered in the appeal.Conclusion:The appeal was dismissed, upholding the Revenue's computation of the assessee's income from finance charges, with no order as to costs.