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C.I.T. versus K.S.C. M. LTD.

High Court of Judicature at Allahabad

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C.I.T. v. K.S.C. M. Ltd. - INCOME TAX REFERENCE No. 49 of 1987 [2004] RD-AH 1286 (2 November 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.37

Income Tax Reference No.49  of   1987

The Chief Commissioner of Income - tax Vs.  Kisan Sahkari Chini Mills Ltd.

Hon'ble R.K. Agrawal, J

Hon'ble P.Krishna, J

Income Tax Appellate Tribunal, Allahabad has referred the following question of law under section256 (1) of the Income Tax Act 1961 (hereinafter referred to as the Act) for opinion to this Court:-

"Whether on the facts and in the circumstances of the case the Tribunal was legally justified in allowing various expenses against the income from other sources?"

Briefly stated the facts giving rise to the present reference are as follows:-

The respondent is a cooperative sugar mill. During the assessment year in question it did not have any business activity as the manufacturing activity did not start in this year. It was in the process of erection/construction. The funds, which it received were invested and it had interest income from those investments. The respondent had incurred expenses for the maintenance of office and for the planning of construction etc. The Income Tax Officer did not allow any expense out of interest income as there was no business done.  However, the Commissioner of Income Tax (Appeals) allowed expenses at the rate of 1% of the interest income. In the second appeal the Income Tax Appellate Tribunal has enhanced from 1% to  5%.

We have heard Shri A.N. Mahajan, the learned standing counsel for the Revenue and have perused the impugned order. Under Section 57 the interest income is to be taxed under the head "income from other sources". However section 57 provides for deduction which admissible from the income taxable under the head "income from other sources". If a particular expenditure falls strictly  under the  sub clause of section 57 of the Act  only then the interest income is liable to be allowed as expenses otherwise not. The expenditure incurred on maintenance of the office and for planning of construction does not fall under any of the sub clauses of Section 57 of the Act and therefore the assessee could not have been allowed the expenses as deduction from the interest income.

In this view of the matter we are of the opinion that the Tribunal had erred in allowing an exclusion of 5% on estimate basis.

We accordingly answer the question of law referred to us in negative i.e. in favour of  Revenue and against the assessee. However, there shall be no order as to costs.

Dt.2.11.2004

LBY


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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