Roads & Bridges Development Corporation of Kerala Ltd. v. ACIT (2018) 257 Taxman 392 (Ker.)(HC)

S. 4 : Charge of income-tax –Capital or revenue -Interest from mobilization advances made by it to contractor for purpose of facilitating smooth commencement and completion of work of construction- Receipts being intrinsically connected with construction business of assessee would be capital receipt and not income of assessee from any independent source [ S.56]

Assessee is engaged in construction and development business, received certain amount by way of interest from mobilization advances made by it to contractor for purpose of facilitating smooth commencement and completion of work of construction. Allowing the appeal of the assessee the Court held that  said receipt was adjusted against charges payable to contractor and, thus, resulted in reduction of cost of construction .Accordingly in view of decision in case of CIT v. Bokaro Steel Ltd. [1999] 236 ITR 315 (SC), receipts being intrinsically connected with construction business of assessee would be capital receipt and not income of assessee from any independent source.