ITAT removes penalties for debatable interest income classification

Nagarjuna Oil Corporation Ltd. Versus The ACIT, Corporate Circle 4 (2), Chennai. And The DCIT, Corporate Circle 4 (2), Chennai. Versus Nagarjuna Oil Corporation Ltd.

Nagarjuna Oil Corporation Ltd. Versus The ACIT, Corporate Circle 4 (2), Chennai. And The DCIT, Corporate Circle 4 (2), Chennai. Versus Nagarjuna Oil ... Issues Involved:
1. Levy of penalty under Section 271(1)(c) of the Income Tax Act, 1961.
2. Classification of interest income earned during the pre-commencement period as capital receipt or revenue receipt.
3. Applicability of judicial precedents in determining the nature of interest income.
4. Consideration of the assessee's belief and reliance on previous judicial decisions.
5. The quantum of penalty imposed and its subsequent reduction.

Detailed Analysis:

1. Levy of Penalty under Section 271(1)(c) of the Income Tax Act, 1961:
The primary issue in these appeals is the levy of penalty under Section 271(1)(c) for allegedly furnishing inaccurate particulars of income. The Assessing Officer (AO) contended that the assessee concealed particulars of income by claiming interest income as capital receipt, which was assessed as revenue receipt. The AO initiated penalty proceedings and imposed a penalty of Rs. 15 crores, which was later reduced by the Commissioner of Income Tax (Appeals) [CIT(A)] to Rs. 7.25 crores for AY 2011-12 and Rs. 5.50 crores for AY 2012-13.

2. Classification of Interest Income Earned During the Pre-Commencement Period:
The assessee, engaged in the business of refining petroleum oil, had not started its business activities and was in the construction phase. During this period, it earned interest income from investments in fixed deposits. The assessee claimed that the interest income should be treated as capital receipt, relying on the Supreme Court decisions in Karnal Cooperative Sugar Mills Ltd. and Bokaro Steels Ltd., arguing that the deposits were linked to the purchase of plant and machinery.

3. Applicability of Judicial Precedents:
The AO, however, relied on the Supreme Court decisions in Autokast Ltd. and Tuticorin Alkali Chemicals and Fertilizers Ltd., which held that interest income earned on margin money kept in deposits is taxable as revenue receipt. The AO's stance was that interest income is of a revenue nature unless received as damages or compensation. The CIT(A) and ITAT upheld this view, rejecting the assessee's claim.

4. Consideration of the Assessee's Belief and Reliance on Previous Judicial Decisions:
The CIT(A) acknowledged the assessee's reliance on the ITAT's decision for AY 2005-06 but noted a crucial difference in the nature of interest income for the years under consideration. The CIT(A) observed that the assessee, assisted by professionals, should have been aware of the prevailing legal position and that its claim of the interest being non-taxable was not bona fide. Despite this, the CIT(A) reduced the penalty to the minimum prescribed under the law.

5. The Quantum of Penalty Imposed and Its Subsequent Reduction:
The AO initially imposed a penalty at 200% of the tax sought to be evaded, amounting to Rs. 15 crores. The CIT(A) reduced this penalty to Rs. 7.25 crores for AY 2011-12 and Rs. 5.50 crores for AY 2012-13, considering the facts and circumstances of the case. The ITAT, however, noted that the issue of whether the interest income is a capital receipt or revenue receipt is debatable and has been admitted as a substantial question of law by the Madras High Court. The ITAT concluded that the assessee had disclosed all relevant facts and that the issue was highly debatable. Consequently, the ITAT deleted the penalty imposed by the AO in both assessment years.

Conclusion:
The ITAT allowed the appeals filed by the assessee, deleting the penalty levied under Section 271(1)(c) for both assessment years, and dismissed the appeals filed by the Revenue. The Tribunal emphasized that the classification of interest income as capital or revenue was a debatable issue, and the assessee had made full disclosure of facts, thus not warranting the imposition of penalty.