ITAT decision: Interest income as capital, expenses as pre-operative expenditure.

SP Jammu-Udhampur Highway Pvt Ltd. Versus DCIT- Circle-3 (3) (2) Mumbai

SP Jammu-Udhampur Highway Pvt Ltd. Versus DCIT- Circle-3 (3) (2) Mumbai - TMI Issues Involved:
1. Classification of interest income earned from fixed deposits.
2. Treatment of expenses debited to Profit & Loss Account as pre-operative expenditure.

Issue-wise Detailed Analysis:

Issue 1: Classification of Interest Income Earned from Fixed Deposits

The primary issue in this appeal was whether the interest income earned by the assessee from fixed deposits should be classified under "Income from Other Sources" or "Income from Business/Profession." The Assessing Officer (AO) treated the interest income of Rs. 9,28,09,550 as "Income from Other Sources," relying on the Supreme Court's decision in the case of Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT [227 ITR 172 (SC)]. The AO argued that since the project had not commenced, the income from fixed deposits should be taxed as "Income from Other Sources."

The assessee contended that the interest income was inextricably linked to the project funds and should be classified as "Income from Business/Profession." The assessee cited several judicial precedents, including the Delhi High Court's decision in Indian Oil Panipat Power Consortium Ltd. v. ITO [181 Taxmann 249], which distinguished between surplus funds and funds inextricably linked to the project.

The ITAT considered the case of Hazaribagh Expressway Ltd. v. ITO, where it was held that interest earned from time deposits kept out of surplus funds available to the assessee out of project funds should be reduced from capital work-in-progress. The ITAT noted that the assessee had entered into an escrow agreement with banks, and the funds were used for the specific purpose of the project, thus inextricably linking the interest income to the project.

Decision:
The ITAT directed the AO to treat the interest income as capital income and reduce it from the capital work-in-progress of the project, aligning with the view that the interest earned was inextricably linked to the project funds.

Issue 2: Treatment of Expenses Debited to Profit & Loss Account as Pre-Operative Expenditure

The AO disallowed the expenditure claimed by the assessee, amounting to Rs. 11,20,21,510, treating it as pre-operative expenditure and adding it to the capital work-in-progress. The AO's rationale was that the project had not commenced, and thus, the expenses should be capitalized.

The assessee argued that the expenses were related to administration and other general overheads, which were correctly debited to the Profit & Loss Account. The assessee contended that only costs directly attributable to the construction of the project were capitalized, and the remaining costs were rightly charged to the Profit & Loss Account.

The ITAT considered the submissions and observed that the expenses claimed were related to work-in-progress. The ITAT agreed with the AO's view that since the project had not commenced, the expenses should be capitalized and treated as part of the capital work-in-progress.

Decision:
The ITAT upheld the AO's decision to treat the expenses as pre-operative expenditure and add them to the capital work-in-progress.

Conclusion:
The appeal was partly allowed. The ITAT directed the AO to treat the interest income as capital income and reduce it from the capital work-in-progress, while upholding the AO's decision to treat the expenses as pre-operative expenditure.