State Government company acting as nodal agency for welfare schemes not taxable on FDR interest earned on parked government funds

ITAT Jaipur held that interest earned on FDRs by a State Government company acting as nodal agency for implementing government schemes is not assessable to tax. The company received funds from Central/State Government for disbursement in various welfare projects, and interest earned on these parked funds belongs to the Government, not the assessee. Following precedents from Karnataka HC and ITAT Jaipur, the tribunal ruled that such interest forms part of funds for scheme implementation and deleted the addition made by authorities for assessment years 2013-14 and 2014-15.

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Issues Involved:
1. Addition of interest on FDRs to total income.
2. Status of the assessee as a Government company.

Issue-wise Detailed Analysis:

1. Addition of Interest on FDRs to Total Income:
The primary issue revolves around the addition of interest income on Fixed Deposit Receipts (FDRs) amounting to Rs. 3,78,34,698/- to the total income of the assessee. The assessee, a State Government Company acting as a Nodal Agency for various Central/State Government schemes, argued that the interest earned on funds kept in FDRs does not constitute its income but forms part of the funds meant for public welfare projects. The funds were parked in bank FDRs during the interim period between receipt and disbursement to various schemes/projects. The assessee contended that the interest earned on these funds is held in a fiduciary capacity and should be allocated to the specific projects or returned to the consolidated funds of the Government.

The Assessing Officer (AO) did not accept this contention and added the interest income to the total income of the assessee, a decision upheld by the CIT(A). The Tribunal, however, noted that the assessee's role as a Nodal Agency involves receiving and disbursing funds as per Government instructions, and the interest earned on these funds should not be treated as the assessee's income. The Tribunal relied on precedents from the Karnataka High Court (CIT & Anr. Vs. Karnataka Urban Infrastructure Development & Finance Corporation) and Gujarat High Court (Gujarat Power Corporation vs. ITO), which held that interest earned on funds received for public welfare projects does not constitute income for the Nodal Agency. Consequently, the Tribunal deleted the addition made by the AO, recognizing that the interest earned forms part of the funds meant for specific government schemes and projects.

2. Status of the Assessee as a Government Company:
The second issue pertains to the status of the assessee as a Government company. The AO erroneously classified the assessee as a commercial concern. However, the Tribunal clarified that the assessee is indeed a Government company, with the State Government holding more than 98% of its shares. The memorandum and articles of association of the assessee explicitly state its non-profit nature and its role in implementing government schemes for public welfare. The Tribunal concluded that the assessee's status as a Government company is evident from its shareholding structure and its objectives, which align with government directives.

Conclusion:
The Tribunal allowed both appeals filed by the assessee, ruling that the interest earned on FDRs does not constitute taxable income for the assessee and reaffirming its status as a Government company. The addition of interest income to the total income was deleted, and the classification of the assessee as a Government company was upheld. The judgment emphasized the fiduciary role of the assessee in handling government funds and the non-profit nature of its operations.

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