2012 (7) TMI 362 - AT - Income Tax

Tribunal allows appeals, stresses precise expense determination for interest income deduction

The Tribunal allowed both appeals for statistical purposes, emphasizing the need for a precise determination of expenses related to interest income. The ... Disallowance of deduction u/s 80-IC - an interest income earned by the assessee - deletion of administrative expenses paid for earning gross interest income as net interest income has to be disallowed from the eligible profit - Held that:- Since the assessee has not advanced any arguments with regard to the proposition that on interest income deduction u/s 80-IC no idea to examine the provisions of sec. 80-IC and in what condition the computation for such deduction has to be made - interest income on fixed deposit for the purpose of availing of credit facility from the bank does not have an immediate nexus with the business and, therefore, it has to necessarily be treated as income from other sources and not business income - as the net interest income which has to be excluded from the eligible profit for grant of deduction under sec. 80-IC and Learned first appellate authority on an ad hoc basis allocated 50,000 rupees towards administrative expenses for earning interest income, remit the issue to the file of the Assessing Officer for allocation purposes. Issues involved:1. Disallowance of deduction under sec. 80-IC of the Income-tax Act, 1961 on interest income earned by the assessee.2. Exclusion of administrative expenses for earning interest income while computing net interest income for deduction under sec. 80-IC.Comprehensive analysis:Issue 1: The primary issue in this case revolved around the disallowance of deduction under sec. 80-IC of the Income-tax Act, 1961 on interest income earned by the assessee. The Assessing Officer found that the interest income earned by the assessee did not qualify for the deduction under sec. 80-IC as it was not derived from the business of the undertaking. The Learned CIT(Appeals) concurred with the Assessing Officer but suggested that administrative expenses incurred for earning gross interest income should be excluded while computing the net interest income for the purpose of deduction under sec. 80-IC.Issue 2: The second issue was related to the exclusion of administrative expenses for earning interest income while computing the net interest income for the deduction under sec. 80-IC. The assessee contended that only net interest income should be excluded from the eligible profit for the deduction. The counsel for the assessee referred to judgments by the Hon'ble Delhi High Court and the Hon'ble Karnataka High Court to support this argument.Analysis of the Judgment: The Tribunal considered the arguments presented by both parties. It was noted that the interest income earned by the assessee should be assessed as income from other sources, as per the judgment of the Hon'ble Delhi High Court. The Tribunal emphasized the need to determine the exact amount of interest income to be excluded from the eligible profit for the purpose of the deduction under sec. 80-IC. As the details were not on record, the Tribunal decided to remit the issue back to the Assessing Officer for a limited purpose. The Assessing Officer was directed to determine the expenses directly related to earning interest income and calculate the exact amount of interest income to be excluded for the deduction under sec. 80-IC. Therefore, both appeals were allowed for statistical purposes.In conclusion, the judgment addressed the issues of disallowance of deduction under sec. 80-IC on interest income and the exclusion of administrative expenses for earning interest income while computing the net interest income for the deduction. The Tribunal emphasized the need for precise determination of expenses related to interest income and directed the issue to be reconsidered by the Assessing Officer for accurate calculation.