R. G. Colonizers Pvt. Ltd. v. Dy. CIT (2023)101 ITR 409 (Jaipur) (Trib)

S. 28(i) : Business income-Income from other sources-Income earned from FDs out of cash credit limits for securing contracts-Part of business income-Miscellaneous income from sale of scrap-Additions unjustified. [S. 56]

Held, that the interest income earned on fixed deposit receipts was part of business income as these deposits were made for the purpose of business for giving bank guarantees to contractees. For this purpose, the assessee had to obtain from the bank fixed deposit receipts, which were pledged to the latter. Thus, interest from the deposits were part of business income. As the deposits were made by utilising the cash credit limit on which interest was paid to the bank and which formed part of the business expenditure, the interest income earned from such deposits made by utilising the bank’s overdraft limit was to be considered as business income and not as income from other sources. Similarly, as the miscellaneous receipts were from sale of scrap, it was part of business income. In the earlier years also it was considered as business income. Hence, the separate additions made by the Assessing Officer and confirmed by the Commissioner (Appeals) were unjustified. The additions were to be deleted.(AY.  2014-15)