2025 (10) TMI 566 - AT - Income Tax

Interest on fixed deposits from surplus funds of 100% export-oriented unit held exempt under s.10A, not s.56

Value Labs LLP, Hyderabad. Versus ACIT, Circle-8 (1), Hyderabad.

ITAT held that interest earned on fixed deposits created from surplus funds of a 100% export-oriented unit forms part of the unit's profits and gains and ... Exemption u/s 10A - assessee has export turnover and that the assessee parked certain funds generated from the export business in two bank accounts as FDs, which accrued some interest amount and was shown in the P & L A/c - AR stressed funds parked in banks are not from borrowed funds to earn other source of income u/s 56 Whether this interest, derived from parking of the surplus funds in bank accounts, should be treated as profits from an export/oriented business and thus be exempt u/s 10A of the Income Tax Act? - HELD THAT:- Application of the settled principles of law to the facts, we reach a conclusion that the interest earned from the bank deposits made from the surplus funds of the export oriented unit partakes the character of profits and gains of the assessee's export oriented business activity, since such interest income is directly relatable to the assessee's 100% export/oriented business, and the same cannot be separated from export oriented unit activity to be treated as income from other sources u/s 56 of the Act. It logically follows that since it forms part of the assessee's profits from export oriented unit, the same is also exempt u/s 10A of the Act. Now turning to the grievance of the assessee that AO not followed the direction of the Tribunal, in allowing the sum towards excess provision reversed, bad debts recovered, and Miscellaneous receipt learned Assessing Officer is hereby directed to give effect to such a direction given in the earlier order. All the grounds are answered accordingly. ISSUES PRESENTED AND CONSIDERED 1. Whether interest income earned on bank deposits from surplus funds of a 100% export-oriented unit constitutes 'profits and gains of the undertaking' and is eligible for exemption under Section 10A of the Income Tax Act, 1961, or whether such interest must be treated as income from other sources under Section 56. 2. Whether the Assessing Officer complied with the Tribunal's prior direction to treat amounts of excess provisions reversed, bad debts recovered and miscellaneous receipts (aggregate Rs. 41,39,680) as forming part of the profits of the undertaking in the computation of deduction under Section 10A. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Classification of interest on parked surplus funds: legal framework Section 10A provides exemption for profits derived from the export of goods or software/services by specified undertakings. Section 56 deals with income from other sources. The relevant legal question is whether interest earned on deposits created by temporarily parking surplus export receipts forms part of the 'profits and gains of the undertaking' (and thus falls within Section 10A) or is severable and taxable under Section 56. Issue 1 - Precedent treatment (followed/distinguished/overruled) The Court considered and followed a line of authorities holding that interest from temporary parking of surplus export funds is incidental to and integrally connected with export business and therefore partakes the character of business profits for the purposes of Sections 10A/10B. Authorities considered favourable to this view (and relied upon) include decisions of high courts and tribunals recognizing nexus between such interest and export business. The decision in Pandian Chemicals (Apex Court) relied upon by the Assessing Officer was considered but the Tribunal applied the principle of liberal construction of tax provisions aimed at promoting economic activity (per Bajaj Tempo) and distinguished other factual contexts where interest had been separated. Issue 1 - Interpretation and reasoning Applying settled principles, the Tribunal examined the nature, source and use of the funds: (a) the assessee is a 100% export-oriented unit whose turnover arises from export of software; (b) surplus funds generated from export receipts were temporarily parked in bank accounts as fixed/current deposits and earned interest that was credited to profit & loss account; (c) the deposits were not from borrowed funds or sourced for extraneous investments but arose from the export business itself; and (d) the activity of parking surplus funds for short periods is an incidental commercial expedient of the export undertaking. Given these facts, the Tribunal held that the interest cannot be separated from export business profits and to treat it as Section 56 income would defeat the object of Sections 10A/10B which are to be construed liberally to promote exports. Reliance was placed on earlier judicial conclusions that incidental income (including interest on temporary deposits or staff loans) closely linked to export operations falls within business profits eligible for deduction under Section 10A. Issue 1 - Ratio versus obiter Ratio: Where a 100% export-oriented undertaking earns interest on short-term bank deposits created by surplus funds generated from export operations, such interest forms part of the 'profits and gains of the undertaking' and is eligible for exemption under Section 10A, provided a direct nexus between the interest and the export business is established (i.e., deposits arise from export receipts and are not from independent investment of borrowed or unrelated funds). Obiter: General observations endorsing the principle of liberal construction of incentive provisions and references to other factual variations (e.g., deposits made for bank guarantees, staff loans) that may similarly qualify, which were supportive but not strictly necessary for the conclusion in the present facts. Issue 1 - Conclusion The Tribunal concluded that the interest earned on bank deposits from surplus export funds partakes the character of profits and gains of the export business and is exempt under Section 10A. The Assessing Officer's classification of that interest as income from other sources under Section 56 was set aside in respect of the amounts at issue. Issue 2 - Compliance with prior Tribunal direction concerning Rs. 41,39,680 Issue 2 - Legal framework When a prior decision of the Tribunal directs that certain items constitute part of the profits of the undertaking for Section 10A computation, the Assessing Officer must give effect to that direction in consequential assessment proceedings; failure to do so warrants correction. Issue 2 - Precedent treatment The Tribunal relied upon its earlier order allowing Rs. 41,39,680 (comprising excess provisions reversed, bad debts recovered and miscellaneous receipts) as forming part of profits of the export undertaking. The principle that subsequent assessment orders must follow the Tribunal's directions was applied. Issue 2 - Interpretation and reasoning The Tribunal examined the consequential order passed by the Assessing Officer and found that the direction of the Tribunal had not been implemented in the computation of deduction under Section 10A. The Tribunal directed the Assessing Officer to give effect to the earlier direction and adopt the profits of the undertaking accordingly. Issue 2 - Ratio versus obiter Ratio: A subsequent assessment must reflect the Tribunal's earlier directions on items to be included in the profits of the export undertaking for computing Section 10A relief; where it does not, the Tribunal will direct compliance. Issue 2 - Conclusion The Tribunal directed the Assessing Officer to give effect to the earlier direction allowing Rs. 41,39,680 as part of the profits of the undertaking in the computation under Section 10A and accordingly corrected the consequential assessment. Disposition The appeal was allowed: interest on bank deposits from surplus export funds was held to be part of business profits eligible for exemption under Section 10A, and the Assessing Officer was directed to implement the Tribunal's prior direction in respect of Rs. 41,39,680.