TaxTMI 
TaxTMI 
1994 (11) TMI 61
X X X X Extracts X X X X
X X X X Extracts X X X X
....d been granted credit facility by way of overdraft in the current account by the State Bank of India on the security of these lands, for the purpose of his agricultural operations. The interest due was not paid, with the result the bank debited the amount of interest accruing for each quarter in the current account, capitalised it and treated it as part of the principal for the ensuing quarter, as per the terms of the agreement between the parties. An amount of Rs. 61,979.31 had thus been debited in the account as the interest payable during the year ending March 31, 1981, and capitalised, treating it as part of the principal for the ensuing period. The assessee claimed deduction of this amount as allowable expenditure under clauses (e) ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....5 of the Act, which we shall extract : " 5. Computation of agricultural income.--The agricultural income of a person shall be computed after making the following deductions, namely :--...... (e) any interest paid in the previous year on any amount borrowed and actually spent on any capital expenditure incurred for the benefit of the land from which the agricultural income is derived ; (f) where the land from which the agricultural income is derived is subject to a mortgage or other capital charge, any interest paid in the previous year in respect of such mortgage or charge ; " What these clauses postulate is interest paid on the amount borrowed and actually spent on any capital expenditure under clause (e) and on the mortgage, u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....istributors Ltd. [1992] 2 WLR 503). Does this capitalisation of the interest amount to payment of the interest ? According to the assessee, it is, because the amount becomes a loan realisable from him on capitalisation. But we do not find it a fortiori case, as the assessee claims it to be. There cannot be any controversy at all on this point in the latter category of cases postulated by us earlier, of the advance of a definite amount in lump, and the debiting of the defaulted amount of interest against the borrower. The matter is squarely covered against the assessee by the decision of the House of Lords in Paton v. IRC [1938] 21 TC 626 ; [1938] AC 341 where one Fenton borrowed pound 2,50,000 from a bank on the security of his property. He....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tained in the present deed, which enables the interest to be capitalised, the interest is not capitalised because it is in fact paid, but because it has in fact not been paid. " The position is, therefore, unexceptionable that there is no payment of interest at all where interest is capitalised in the case of a lump sum advance. The same ratio must apply to those cases where the capitalisation of the interest renders the debt in excess of the limit of the facility afforded by way of overdraft/cash credit. In that event, there is no amount which the bank holds for his benefit and the capitalisation of the interest only enhances the liabilities, consequent on non-payment of the interest in time. The ratio in Paton's case [1938] AC 341 (....