ITO v. Nabinagar Power Generating Co. Pvt. Ltd. (2021) 88 ITR 5 (SN) (Delhi)(Trib.)

S. 56 : Income from other sources-Interest income-Pre-operative expenses-Income required to be capitalised and to be set off against the pre-operative expenses. [S. 4]

Tribunal held that since the work of construction of the power plant was under progress, interest incomes are also inextricably linked with the setting up of the power plant and such incomes have gone on to reduce the expenses for setting up of the plant and as there was no surplus funds available with the appellant company, therefore, such income is required to be capitalized to be set off against the pre-operative expenses. The A.O. is not justified in adding the sum of Rs. 1,75,74,129/-as income from other source u/s 56. These receipts are inextricably linked with the setting up of the capital structure of the assessee-company. They must, therefore, be viewed as capital receipts going to reduce the cost of construction. (AY. 2013-14)