M/S SANGAMESH SUGARS LIMITED,BELAGAVI vs. THE INCOME TAX OFFICER, WARD - 1(4), BELAGAVI

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ITA 403/PAN/2018Status: DisposedITAT Panaji25 January 2023AY 2011-12Bench: SHRI SATBEER SINGH GODARA (Judicial Member)4 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no merit in the assessee's arguments. It upheld the lower authorities' decision to add the interest income, stating that preliminary and pre-operative expenses could not be set off against other income before business commencement.

What were the facts?

The assessee appealed against the addition of interest income on term deposits for assessment years 2011-12 and 2012-13. The lower authorities had upheld this addition.

What were the issues?

Whether interest income on term deposits is taxable when the assessee has not commenced business operations. Whether preliminary and pre-operative expenses can be set off against other income before business commencement.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI ‘SMC’ BENCH : PANAJI

Before: SHRI SATBEER SINGH GODARA

Hearing: 16.01.2023Pronounced: 25.01.2023

Heard together (2 matters)

ITA.No.403/PAN/2018
ITA.No.404/PAN/2018

Read from the judgment's own cause title. This page is filed under one of them.

ORDER These assessee’s twin appeals for assessment years 2011-12 & 2012-13, arise against the CIT(A), Belagavi’s separate orders, both dated 18.06.2018, passed in case ITA.No.04/BGV/2016-17 and in case No.339/BGM/2014-15, in proceedings u/s. 143(3) r.w.s. 147 of the Income Tax Act, 2 ITA.No.403 & 404/PAN/2018 1961 and in proceedings u/s. 143(3) of the Income Tax Act, 1961, (in short "the Act") assessment year-wise, respectively.

Heard both the parties. Case file perused.

2.

It emerges during the course of hearing that the assessee’s identical sole substantive grievance raised in both these appeals seeks to reverse the learned lower authorities action adding interest income of Rs.3,18,602/- and Rs.11,71,029/- [received on term deposits] during the course of assessment and upheld in the CIT(A)'s order(s) as follows :

1.

3 ITA.No.403 & 404/PAN/2018 3. I have given my thoughtful consideration to vehement rival stands and find no merit in the assessee’s arguments. This is for the precise reason in light of the CIT(A)'s detailed discussion extracted in the preceding paragraph that the impugned deduction for preliminary and pre-operative expenses prior to commencement of the assessee’s business could hardly be given to be set-off against any other income. Learned CIT(A) has already concluded that the assessee could very well amortize or capitalize the impugned expenditure since it had not even commenced its manufacturing activities in both these financial years. Faced with the situation, I find no merit in assessee’s instant substantive ground. The same is rejected therefore. Ordered accordingly.

4.

These assessee’s twin appeals are dismissed in above terms. A copy of this common order be placed in the respective case files.

Order pronounced in the open court on 25.01.2023.

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