2017 (10) TMI 1540 - AT - Income Tax

Tribunal Rules Interest on Mobilization Advance as Capital Receipt, Overturns Prior Decision, Supports Assessee's Appeal.

Haridaspur Paradip Railway Company Ltd. Versus ACIT, Circle-2 (1), Bhubaneswar

The Tribunal ruled in favor of the assessee, overturning the CIT(A) decision and deleting the addition made by the AO. It determined that the interest on ... Interest on mobilisation advance received from the contractors during the construction/project period - Whether a capital receipt and is adjustable against pre-operative expenses? - assessee who is engaged in the civil construction works and management of railway linkage and has made payments of mobilisation advance to the contractors and has received interest on such mobilisation advances and claimed set of adjusted against pre-operative expenses - HELD THAT:- In the present case the interest on mobilisation advance is similar to the decision of the Tribunal in case of Angul Sukinda Railway Ltd. [2017 (4) TMI 515 - ITAT CUTTACK] and the mobilisation advance given to the contract were for the purpose of contract work of laying the railway line and intrinsically connected with the capital expenditure of the assessee prior to the commencement of its business. Accordingly, we delete the addition made by the AO and allow the grounds of appeal of assessee Issues:Appeal against CIT(A) order dismissing appeal without considering capital receipt adjustment of interest on mobilisation advance.Analysis:The assessee appealed against CIT(A) order dismissing the appeal without considering the adjustment of interest on mobilisation advance as a capital receipt. The assessee, engaged in a railway project, received interest on mobilisation advance from contractors. The AO treated this interest as taxable income, leading to an addition in the assessment. The CIT(A) upheld the AO's decision, prompting the assessee to appeal to the Tribunal.During the proceedings, the assessee argued that the interest income was set off against pre-operative expenses as work-in-progress. The Department, however, contended that the interest should be taxed as income from other sources. The Tribunal examined the case, considering the nature of the mobilisation advance and the interest earned. Referring to judicial decisions, including one by the Hon'ble Supreme Court in a similar case, the Tribunal found that the interest income was a capital receipt connected to the contract work and reduced the cost of construction.The Tribunal noted that the interest on mobilisation advance in this case was akin to a previous decision involving a railway project, where the advance was linked to capital expenditure before business commencement. Consequently, the Tribunal ruled in favor of the assessee, deleting the addition made by the AO and allowing the grounds of appeal.In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing the capital nature of the interest income on mobilisation advance. The decision was based on the nexus between the advance, the contract work, and the reduction of construction costs. The judgment highlighted the relevance of judicial precedents in determining the treatment of such receipts and their impact on the overall project expenses.