Facts of the Case
- The
case pertains to Assessment Year 2014–15.
- The
appellant, Unipatch Rubber Ltd., challenged the order of the Income
Tax Appellate Tribunal dated 31.05.2022.
- The
assessee had created fixed deposits pursuant to a court order to
secure payment of disputed entry tax liability.
- These
fixed deposits generated interest income, which the assessee
claimed as eligible for deduction under Section 80IC of the Income Tax
Act, 1961.
- The Tribunal rejected the claim, holding that such interest income is not “derived from” eligible business activities.
Issues Involved
- Whether
interest income earned on fixed deposits created to secure statutory
tax liability qualifies as income “derived from” eligible business
under Section 80IC.
- Whether
the Assessing Officer can treat such interest as business income
but deny deduction under Section 80IC.
Petitioner’s Arguments (Assessee)
- The
assessee contended that:
- Interest
earned on fixed deposits should be treated as business income derived
from eligible industrial activity.
- Once
the Assessing Officer accepted it as business income, denial of
deduction under Section 80IC is inconsistent.
- Alternatively,
if deduction is denied, the income should be classified under “income
from other sources”.
Respondent’s Arguments (Revenue)
- The
Revenue argued that:
- Even
if the classification of income is incorrect, it does not affect the
tax liability.
- The
key point is that such interest income is not derived from eligible
business, hence not eligible for deduction under Section 80IC.
Court’s Findings / Order
- The
Court held that:
- Interest
earned on fixed deposits created to secure entry tax liability cannot
be treated as income derived from eligible business activities.
- Section
80IC applies only to profits and gains derived from manufacturing or
production activities, not incidental income like interest.
- The
assessee’s argument regarding classification of income has merit, but it
does not impact tax liability, only the head of income.
- No
substantial question of law arose for consideration.
- Appeal
dismissed.
Important Clarification
- The
judgment clarifies the distinction between:
- “Derived
from” (strict interpretation – direct nexus
required), and
- “Attributable
to” (broader interpretation – not applicable here).
- Interest
income arising from statutory compliance or security deposits lacks
a direct nexus with manufacturing activity, hence not eligible
under Section 80IC.
Sections Involved
- Section
80IC – Deduction in respect of profits and gains from certain industrial
undertakings
- Relevant
principles relating to “income derived from business” vs incidental
income
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS24072023ITA5312022_161904.pdf
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