2016 (10) TMI 349 - AT - Income Tax

Interest income from surplus funds treated as capital receipt, not taxable. AO's addition overturned. Assessee prevails.

The Tribunal held that the interest income from surplus funds should be treated as a capital receipt forming part of the government grant and not taxable. ... Interest on deposit received from banks - CIT(A) confirming the assessment to income of the interest on deposit received from banks out of surplus funds from the defined agency activities on behalf of the Govt. of Kerala in setting up of Vizhinjam International Seaport at Vizhinjam in Thiruvananthapuram - Held that:- The assessee is only an extended arm/wing of the Government set up wholly and exclusively for undertaking certain sub-sovereign functions on behalf of the Government of Kerala for the public utility project involving providing support/assistance for setting up a deep sea international seaport and therefore, is not engaged in any business activities involving a profit motive. In the assessee’s case, Govt. orders as stated clearly stipulated the activities that have to be undertaken by the assessee and neither the grant nor the interest can be used for any purpose. The Ld. CIT(A) has hypothetically visualized that assessee is having own activities not undertaken on behalf of the Government unrelated to project which is only a illusory figment of imagination. This is so as the assessee’s only objective was to undertake smooth and efficient rendering of agency services entrusted by the Government and hence treating interest income as separate income or own income of the assessee not earned or received for implementation of the project is only a coloured and misdirected application of mind by the Ld. CIT(A) as there is no such own income or own activity All the receipts and income are on behalf of the GoK for implementation of the project. The following decisions of other High Courts in similar or identical situations and also of various Income Tax Appellate Tribunals passed relying on the above decision of Hon’ble Karnataka High Court in Karnataka Urban Infrastructure Development and Finance Corporation reported in (2009 (1) TMI 243 - KARNATAKA HIGH COURT )also fortify and strengthen the assessee’s case for exemption of income tax on interest income earned from investment of surplus funds. - Decided in favour of assessee. Issues Involved:1. Taxability of interest income on bank deposits from surplus funds received as grants from the Government of Kerala for the Vizhinjam International Seaport project.Detailed Analysis:Background and Facts:The assessee, a domestic company substantially owned by the public, was tasked by the Government of Kerala to implement the Vizhinjam International Seaport Project. The Government provided grants amounting to Rs. 54.74 crores up to 31/03/2010, intended for land acquisition and seaport construction. Surplus funds not immediately needed were deposited in banks, generating interest income. The assessee did not credit this interest to its profit and loss account but to the grant received account, claiming it as a capital receipt exempt from tax. The Assessing Officer (AO) disagreed, treating the interest as taxable income, a stance upheld by the Commissioner of Income Tax (Appeals) [CIT(A)].Assessee's Argument:The assessee argued that:- The interest income should be considered a capital receipt as it forms part of the government grant.- The company, acting as a Special Purpose Vehicle (SPV), was only an extended arm of the government, not engaged in profit-motivated business activities.- The investment of surplus funds was within the operational freedom granted by the Government of Kerala and authorized by the Memorandum of Association (MoA).Assessing Officer's and CIT(A)'s Stand:The AO and CIT(A) held that:- The interest income was taxable under 'Other Sources' based on the Supreme Court decisions in Tuticorin Alkali Chemicals and Fertilizers Ltd. vs. CIT and CIT vs. Bokaro Steel Limited.- The MoA did not authorize the investment of surplus funds, and the investment activity was not permitted or authorized by the Government.- The interest income was not incidental to the government grant and should be taxed.Tribunal's Findings:The Tribunal analyzed the facts and legal precedents, concluding:- The assessee was set up exclusively for public utility functions on behalf of the Government of Kerala, without a profit motive.- The investment of surplus funds was authorized by the MoA and within the operational freedom granted by the Government.- The AO's and CIT(A)'s understanding that the assessee was engaged in construction activities was erroneous. The assessee was merely performing defined agency functions.- The interest income should not be taxed as it forms part of the capital grants from the Government, following precedents from similar cases involving nodal agencies and public utility projects.Supporting Legal Precedents:The Tribunal cited several judgments supporting the assessee's position, including:- Karnataka Urban Infrastructure Development and Finance Corporation (Karnataka High Court)- City and Industrial Development Corporation of Maharashtra vs. ACIT (Bombay High Court)- CIT vs. Delhi State Industrial Development (Delhi High Court)- Infrastructure Development Authority vs. CIT & ORS (Patna High Court)- Various ITAT decisions from Ahmedabad, Chennai, and Chandigarh BenchesConclusion:The Tribunal held that the interest income from surplus funds should be treated as a capital receipt forming part of the government grant and not taxable. The AO's addition of Rs. 2,76,62,028/- was unjustified, and the CIT(A)'s order was reversed. All grounds of the assessee were allowed, and the appeal was decided in favor of the assessee.Order:The appeal of the assessee is allowed, and the order was pronounced in the open court on 15-06-2016.