2019 (9) TMI 1130 - AT - Income Tax

Interest Income on SEZ Project Eligible for Deduction, Bank Deposit Interest Disallowed for Phase II Project.

The Tribunal partially allowed the assessee's appeal. It recognized the eligibility of interest income on electricity deposits related to the SEZ project ... Deduction u/s.80IA - interest accrued on the electricity deposit AND deposit with SBI - HELD THAT:- During the year, admittedly, the assessee derived income only from the SEZ project at Pallavaram. Since the interest accrued on the electricity deposit is incidental to the SEZ, Pallavaram unit from which the assessee admitted income and claimed deduction U/s.80IA of the Act, the assessee's claim is allowable in accordance with ratio of the Jurisdictional High Court decision in the case of Arul Mariammal Textiles Ltd. [2018 (8) TMI 1729 - MADRAS HIGH COURT] . However, since the deposit with SBI is not connected with the project of SEZ zone at Pallavaram but it is connected with the Phase II project of Thoraipakkam unit, a work which is in progress and from which no income was admitted during the period, the interest earned from bank deposits of SBI and SME branch is not eligible for the deduction U/s.80IA - Assessee’s claim is partly allowed. Issues:1. Disallowance of interest income for deduction U/s.80IA of the Income Tax Act, 1961.2. Eligibility of interest income on electricity and bank deposits for deduction.3. Connection of interest income with specific projects for deduction claim.Issue 1: Disallowance of Interest Income for Deduction U/s.80IA:The assessee appealed against the disallowance of interest income of &8377; 61,15,897 from the claim made under Section 80IA of the Income Tax Act, 1961. The Assessing Officer disallowed this interest income as it was not directly related to the revenue from infrastructure facilities developed by the assessee. The CIT(A) upheld the disallowance, leading to the assessee's appeal before the Tribunal.Issue 2: Eligibility of Interest Income for Deduction:The assessee argued that the interest income earned on electricity and bank deposits should be eligible for deduction U/s.80IA. The interest on the electricity deposit was considered eligible as it was related to the SEZ unit at Pallavaram, which qualified for deduction under Section 80IA. The interest earned from bank deposits with SBI SME branch was also claimed to be connected to infrastructure facilities and hence should not be disallowed. The assessee relied on legal precedents and decisions to support their claim.Issue 3: Connection of Interest Income with Specific Projects:The Tribunal analyzed the nature of the interest income in question. It found that the interest accrued on the electricity deposit related to the SEZ project at Pallavaram, making it eligible for deduction under Section 80IA. However, the interest earned from bank deposits with SBI and SME branch was linked to the Phase II project at Thoraipakkam, which was still in progress and had not generated income during the relevant period. Therefore, the Tribunal concluded that the interest income from these bank deposits was not eligible for deduction under Section 80IA.In conclusion, the Tribunal partly allowed the assessee's appeal, recognizing the eligibility of interest income on electricity deposits related to the SEZ project at Pallavaram but disallowing the interest income from bank deposits linked to the Phase II project at Thoraipakkam. The decision was based on the specific connection of the interest income with the projects for which deduction under Section 80IA was being claimed.