2016 (12) TMI 1829 - AT - Income Tax

Tribunal Upholds Decision on Tax Treatment of Interest Pre-Commercial Operations

M/s Road Infrastructure Development Co. of Rajasthan Ltd. Versus The DCIT, Circle-6, Jaipur

The Tribunal upheld the decision of the Coordinate Bench regarding the validity of proceedings under sections 147/148 for assessment years 2007-08 and ... Treatment of the interest received prior to commencement of commercial operations of the specified mega road projects - Income from other sources or capital gain - As per the assessee, it is in the nature of capital receipt and will be required to be set off against the pre-operative expenditure capitalized under the head “Capital work in progress” and the same cannot be brought to tax under the head “income from other sources.”- HELD THAT:- Respectfully following the decision of Coordinate Bench in assessee’s own case [2016 (9) TMI 957 - ITAT JAIPUR] we hold that the interest received prior to commencement of commercial operations of the specified mega road projects will be in the nature of capital receipt and will be required to be set off against the pre-operative expenditure capitalized under the head “Capital work in progress” and the same cannot be brought to tax under the head “income from other sources”. - Decided in favour of assessee. Issues:1. Validity of proceedings u/s 147/148 for AY 2007-08 and AY 2008-09.2. Treatment of interest received prior to commercial operations of road projects.Analysis:Issue 1: Validity of proceedings u/s 147/148 for AY 2007-08 and AY 2008-09:The appeals were filed against the order of the ld CIT(A)-II for both assessment years. The grounds of appeal challenged the initiation of proceedings u/s 147/148 as bad in law and raised concerns about passing orders against provisions of the act. The contention was that the demands raised were erroneous and ignored the legal principles established by various courts. The Tribunal noted that the issues raised were similar to a previous judgment in the assessee's own case for AY 2009-10. The Coordinate Bench had already addressed and decided on these issues. The Revenue accepted that the matter was covered by the previous judgment. Therefore, the Tribunal upheld the decision of the Coordinate Bench, allowing some grounds and dismissing others based on the merit of the case.Issue 2: Treatment of interest received prior to commercial operations of road projects:The core issue revolved around the treatment of interest received before the commencement of commercial operations of specified road projects. The Revenue argued for taxing it under 'income from other sources,' while the assessee contended it should be set off against pre-operative expenditure under 'Capital work in progress.' The Tribunal extensively analyzed previous judgments, including the Supreme Court's decisions in relevant cases. It was established that if funds borrowed were linked to the project and interest earned was used solely for project purposes, it should not be classified as income from other sources. The Tribunal found no change in circumstances or contradictory authorities post the previous judgment, thus ruling in favor of the assessee. Consequently, the interest received was considered a capital receipt and not taxable under 'income from other sources.'In conclusion, the Tribunal partly allowed both appeals, aligning with the decisions made in the previous judgment and dismissing certain grounds based on the merit of each issue presented.