ITAT allows interest income set off against pre-operative expenses, emphasizing nexus with business activities.

M/s Hyderabad Hi-Tech Textile Park Pvt Ltd Versus Income Tax Officer, Ward 2 (2), Hyderabad

M/s Hyderabad Hi-Tech Textile Park Pvt Ltd Versus Income Tax Officer, Ward 2 (2), Hyderabad - TMI Issues:
1. Classification of interest earned on deposits as "income from other sources" or "business income" for A.Y 2010-11.

Analysis:
The case involved the appeal of the assessee against the order of the CIT (A) confirming the AO's treatment of interest earned on deposits as "income from other sources" instead of "business income." The assessee, a company set up for textile fabric manufacturing, received grants from the government for a textile park project. The AO observed the company's utilization of funds, including interest income on fixed deposits, and considered pre-operative expenses. The assessee argued that interest income reduced pre-operative expenses due to funds parked in fixed deposits before project commencement. The AO, however, deemed the interest income unrelated to business and taxed it as income from other sources. The CIT (A) upheld this decision, leading to the appeal before ITAT.

The ITAT considered the nexus between funds, business activities, and interest income. The assessee contended that unutilized funds were placed in an Escrow account, not for personal use, and interest income belonged to the government as per grant conditions. Citing relevant case laws, the ITAT analyzed the nature of income in connection to business activities. Referring to the Delhi High Court cases, the ITAT highlighted the distinction between surplus funds and funds linked to business setup. It emphasized that interest earned on funds integral to business setup should be capitalized against pre-operative expenses. Following the court's reasoning, the ITAT allowed the assessee's appeal, recognizing the interest income as capital receipt linked to business activities.

In conclusion, the ITAT's judgment favored the assessee, allowing the appeal and classifying the interest income as connected to business setup, thus permitting its set off against pre-operative expenses. The decision underscored the importance of the nexus between funds, business activities, and income classification, aligning with established legal principles and precedents.