1992 (1) TMI 94 - HC - Income Tax

High Court allows financial corp to deduct interest as business expenditure under Income-tax Act

Gujarat State Finance Corporation Versus Commissioner Of Income-Tax

Gujarat State Finance Corporation Versus Commissioner Of Income-Tax - [1992] 195 ITR 518, 103 CTR 57 Issues Involved:1. Deduction of interest amount as allowable business expenditure under Section 37 of the Income-tax Act, 1961.2. Legal obligation to pay interest on the provident fund utilized by the Corporation for its own business.3. Commercial expediency of crediting interest to the provident fund account.4. Applicability of Section 36(1)(iii) of the Income-tax Act, 1961.5. The timing of liability accrual and quantification of interest.Detailed Analysis:1. Deduction of Interest Amount as Allowable Business Expenditure under Section 37 of the Income-tax Act, 1961:The assessee, a financial corporation, claimed a deduction of Rs. 53,119 as business expenditure for the assessment year 1972-73. The Income-tax Officer allowed only Rs. 5,311, attributing it to the accounting year ending March 31, 1972, while the Appellate Assistant Commissioner allowed the entire amount. The Tribunal, however, reversed this decision, stating there was no legal liability to pay interest for the amount utilized by the Corporation for its business. The High Court held that the deduction was justified on the grounds of commercial expediency, emphasizing that preventing employee discontent was a legitimate business purpose.2. Legal Obligation to Pay Interest on the Provident Fund Utilized by the Corporation for Its Own Business:The Corporation had a policy to invest provident fund money in fixed deposits with nationalized banks. However, Rs. 1,02,471 was utilized for the Corporation's business without maintaining separate accounts. The audit note suggested crediting interest at 7.25% for this amount. The High Court noted that the Corporation was required to credit interest to the fund, not just under regulation 11, but also to rectify the improper use of the fund for business purposes.3. Commercial Expediency of Crediting Interest to the Provident Fund Account:The High Court emphasized that the Corporation's decision to credit interest was driven by commercial expediency to maintain employee goodwill and prevent discontent. The court stated that commercial expediency does not require waiting for actual agitation from employees but can be based on foresight to prevent potential issues.4. Applicability of Section 36(1)(iii) of the Income-tax Act, 1961:The High Court considered that the amount of the provident fund utilized by the Corporation could be deemed as borrowed capital for business purposes. Under Section 36(1)(iii), interest on such borrowed capital is deductible. The court held that the interest paid on the amount used by the Corporation was compensatory and aligned with legal propriety, thus qualifying for deduction.5. Timing of Liability Accrual and Quantification of Interest:The High Court clarified that the liability to pay interest was not ascertained until the board's decision during the accounting year ending March 31, 1972. The liability was quantified based on the audit note, and thus, the deduction was appropriate for the assessment year 1972-73. The court rejected the notion that the interest was an ex gratia payment and affirmed its deductibility.Conclusion:The High Court concluded that the assessee-Corporation was entitled to the deduction of the entire amount of Rs. 53,119 for the assessment year 1972-73. The Tribunal's decision to disallow the remaining claim of Rs. 47,808 was reversed, and the question was answered in the affirmative, favoring the assessee. The reference was disposed of with no order as to costs.