1977 (1) TMI 24 - HC - Income Tax

Court rules interest income from sister concerns not covered by Rule 8 of Income-tax Rules.

Sookerating Tea Co Pvt. Limited Versus Commissioner Of Income-Tax, Assam

Sookerating Tea Co Pvt. Limited Versus Commissioner Of Income-Tax, Assam - [1978] 111 ITR 457, 1977 CTR 315 Issues:1. Interpretation of Rule 8 of the Income-tax Rules, 1962 regarding the inclusion of interest income from loans advanced by the assessee in total income.Analysis:The High Court of GAUHATI was presented with a question of law regarding the application of Rule 8 of the Income-tax Rules, 1962 to the interest income received by the assessee on loans advanced to sister concerns. The case involved assessment years 1966-67, 1967-68, and 1969-70. The Income-tax Officer disallowed part of the interest paid on loans taken from a bank for advancing loans to sister concerns, resulting in the interest income being included in the total income of the assessee in full rather than 40%. The Appellate Assistant Commissioner and the Tribunal upheld the Income-tax Officer's decision.In the assessment year 1966-67, the Appellate Assistant Commissioner accepted the assessee's contention that Rule 8 should apply to the interest income, limiting it to 40% inclusion in the total income. A similar decision was made for the assessment year 1969-70. However, in the assessment year 1967-68, the Appellate Assistant Commissioner held that the full interest income should be taxed. The assessee appealed this decision before the Tribunal, which consolidated all appeals.The Tribunal held that the interest income had no connection with the tea business of the assessee and was to be included in the total income in full. The Tribunal found that the loans advanced to sister concerns were not related to the tea business, leading to the rejection of the assessee's claim for 40% inclusion under Rule 8. The High Court analyzed the language of Rule 8 and concluded that the interest income did not qualify for the 40% inclusion as it was not derived from the sale of tea grown and manufactured by the assessee.The Court emphasized that the interest income from loans to sister concerns was not part of the integrated tea business of the assessee. The Tribunal's findings supported the conclusion that the interest income had no connection with the tea business, justifying its full inclusion in the total income. The Court dismissed the assessee's argument by distinguishing previous cases cited by the counsel, stating they were not applicable to the current case.In conclusion, the High Court affirmed the Tribunal's decision, ruling that Rule 8 did not apply to the interest income from loans advanced by the assessee to sister concerns, and the full amount was liable to be included in the total income.The judgment was delivered by M. C. PATHAK, Chief Justice, and B. N. SHARMA, Judge.