2022 (2) TMI 184 - HC - Income Tax

Court classifies interest income from fixed deposits as business income under Income Tax Act, 1961

M/s. Centwin Versus The Assistant Commissioner of Income Tax Circle I Tirupur

M/s. Centwin Versus The Assistant Commissioner of Income Tax Circle I Tirupur - TMI Issues:1. Assessment of interest income from fixed deposits under the Income Tax Act, 1961.2. Allowability of interest paid on borrowed capital against interest received for deduction under section 80HHC.3. Classification of interest income on fixed deposits as income from other sources instead of business income.4. Applicability of proportionate interest paid on borrowed capital under Section 57(iii) of the Act.5. Necessity for remitting the matter back for assessing interest income as business income or income from other sources.6. Consideration of the principle of mutuality in transactions with the same banker.Analysis:The appellant, a firm engaged in the business of manufacturing and exporting hosiery garments, challenged an order by the Income Tax Appellate Tribunal regarding the assessment year 2003-04. The appellant filed a return of income admitting a total income and claimed deduction under section 80HHC based on interest income from fixed deposits. The Assessing Officer reduced the deduction, stating that interest income assessed under 'other sources' cannot be set off against interest paid on borrowed capital. The Commissioner of Income-tax (Appeals) upheld this decision, leading to an appeal before the Tribunal. The Tribunal dismissed the appeal based on a previous court judgment without considering factual findings.The appellant raised substantial questions of law related to the assessment of interest income, classification as income from other sources, and the set-off of interest on borrowed capital against interest earned. The Court, considering a previous decision in a similar case, ruled in favor of the appellant on the first two questions. The decision highlighted that the fixed deposits were created by the bank using a portion of export sale proceeds for additional security, showing a clear link to the business activity. Therefore, the interest income was connected to the business and not solely from other sources. The Court disposed of the appeal, answering the first two questions in favor of the appellant and leaving the other questions open for future cases.This judgment clarifies the treatment of interest income from fixed deposits in relation to business activities, emphasizing the importance of the specific circumstances and business connections in determining the appropriate classification for tax purposes. The ruling provides guidance on the set-off of interest paid on borrowed capital against interest earned and underscores the need for a thorough assessment based on the facts of each case.