Rajasthan High Court - Jaipur
Commissioner Of Income-Tax vs Rajasthan Land Development ... on 5 April, 1994
Equivalent citations: [1995]211ITR597(RAJ)
JUDGMENT V.K. Singhal, J.
1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated July 4, 1980, and August 1, 1980, in respect of the assessment years 1976-77, 1977-78 and 1978-79, respectively :
"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that interest income earned by the assessee should be assessed as business income ?"
2. In Reference No. 109 of 1983, the question referred is as under :
"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee has carried on business of advancing money on special and ordinary loans and such earnings should be assessed as business income ?"
3. Since the questions of law arising out of the Tribunal's order are the same, both these references are disposed of by this common order.
4. The brief facts of the case are that the assessee is a public undertaking incorporated by Act No. 17 of 1975, i.e., the Rajasthan Land Development Corporation Act, 1975, In the preamble to the Act, it is mentioned that the corporation was constituted for the execution of projects relating to land development with a view to preventing damage to land and loss in agricultural productivity and to securing optimum utilisation of land and water resources in Rajasthan and for other matters connected therewith or incidental thereto.
5. Chapter 4 of the Act deals with the business and funds of the corporation. Under Section 17, it has been mentioned that the principal business of the corporation shall be the execution of projects in accordance with the provisions of the Act. In addition to that the corporation may carry on or transact all or any of the businesses as mentioned in Sub- Clause (2) of the said section which includes financing of projects and related infrastructure programme, assist landholders in obtaining ordinary loans, assisting banks and financial institutions in collection and processing of loans applications and other connected documents from landholders, granting special loans, generally doing such other acts as may promote the execution of the projects or as may be necessary for or incidental to the exercise of its power or discharge of its duties under this Act. Chapter 7 deals with ordinary and special loans. It has been provided under Section 26 that the landholder may with the assistance of the corporation apply to a bank or a financing institution for an ordinary loan for meeting the proportionate cost of works. The special loan may be granted to the landholder if he is unable to raise an ordinary loan.
6. The surplus money which was lying with the assessee was deposited with various banks and institutions and corporations and interest was received from them. The contention of the assessee was that the said income had to be assessed under the head "Business" because it was in the course of its business that the company had made the deposits and given advances as loans to the various banks, corporations, etc. The Income-tax Officer rejected the contention and held that the income has to be assessed as income from "other sources".
7. In appeal before the Commissioner of Income-tax (Appeals), it was held that it is not the business of the corporation to carry on money-lending. It is, however, authorised to advance special loans to landholders under certain circumstances at prescribed rate of interest and, therefore, the interest received on such special loans only can be said to be its business income. The other interest income pertaining to the loans advanced to various other corporations or to the deposits of share capital and other funds made with various banks cannot be said to be its business income. The appeal was accordingly rejected.
8. The matter was challenged before the Income-tax Appellate Tribunal and it was observed that in taxing statutes the word "business" is used in the sense of an occupation or profession which occupies the time, attention and labour of a person normally with the object of making profit. In order to infer from the course of a transaction that the person intended thereby to carry on business, ordinarily, the characteristics, volume, frequency, continuity and regularity indicating the intention to continue the activity of carrying on the transaction of business must exist. It was found that the principal business of the corporation was for execution of the projects in accordance with the provisions of the Act under which the assessee-corporation was set up but by taking into consideration Chapters I, IV and VII, the corporation is also allowed to carry on and transact all or any of the businesses mentioned thereunder. Two of the objects were for granting of ordinary and special loans and assisting banks and financing institutions, etc., for which it was necessary for the assessee to keep liquid funds in its hands which were invested from time to time as interest bearing advances. The Tribunal came to the conclusion that from the volume of the business carried by the assessee it is clear that the assessee carried on the business of advancing money on special and ordinary loans. Such earning should be assessed as "business income".
9. The term "business" has been defined under Section 2(13) which provides that business includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture. The word "business" has been the subject-matter of judicial scrutiny and interpretation and it has been held that it is of wider import which relates to real, substantial and systematic or organised course of activity or conduct with a set purpose. The frequency or continuity of the activity may in a certain set of circumstances be a desired factor but are not the conclusive or infallible test. An isolated transaction may also be a business.
10. The object for which the assessee-company was incorporated was execution of the projects relating to land development and with a view to preventing damage to land and loss in agriculture productivity and to secure optimum utilisation of land and water resources in Rajasthan. Under Clause 17, the business which could be transacted by the corporation have been enumerated. Cause 17(d) provides for financing of projects relating to infrastructure programme and Clause 17(j) is in respect of assistance to banks and financial institutions in collections and processing of loan applications and other documents from landholders. Clause 17(k) is one of the clauses which had been relied on by the Tribunal which provides for grant of special loans besides Clause 17(m) which provides that the assessee-company can also do such other acts as may permit the execution of the project or as may be necessary for or incidental to the exercise of its powers or discharge of its duties under the Act. Clause 18 provides for issue of bonds and debentures and securities carrying interest. Clause 26 refers to providing of ordinary and special loans, On this basis, the Tribunal came to the conclusion that it can borrow money and accept deposits from the Central Government and the State Government and banks and financial institutions.
11. The provisions of Chapter 4, Clause 17(k) permit the assessee to carry on the business of granting special loans. Clause 17(m) provides generally doing such other acts as may permit the execution of the projects or as may be necessary for or incidental to the exercise of its power or discharge of its duties under this Act. These two clauses do not permit grant of loan generally as has been done in this case. Clause 26 provides that the landholder may with the assistance of the corporation apply to a bank or a financial institution for an ordinary loan for meeting the proportionate cost of work. The amount of ordinary loan if sanctioned to the landholder shall be paid to the corporation by the bank or financial institutions concerned on account and on behalf of the landholder towards the proportionate cost of work payable by him to the corporation. This clause also is not applicable because the landholder may with the assistance of the corporation has to apply to a bank or financial institution for grant of ordinary loan and that loan has to be paid to the corporation by such bank or financial institutions on behalf of the landholder. The other special loans which are provided in Clause 27 refers to a situation where the landholder is unable to raise an ordinary loan then special loan may be granted to such landholder. It is also not the case that such loan was granted to the landholder. None of the clauses of Chapter 4 which refers to the business and funds of the corporation or of Chapter 7 which refers to ordinary and special loans confers any power on the assessee to give loans to the various persons to whom it has been advanced during the relevant assessment years. No resolution or other authority has been brought on record from which it could be said that the assessee was engaged in the business of advancing the loans. The loan has been advanced to various banks in the State of Rajasthan which also include the special loans. The. special loan has already been treated as a business income and the loan which has been given to the various banks in the State of Rajasthan and interest income accrued therefrom was considered by the taxing authorities as "income from other sources". The Tribunal has considered the various provisions of the Act by which the assessee-corporation was constituted and came to the conclusion that it was authorised to carry on the business of advancing special and ordinary loans and, therefore, the income earned is business income. From the various decisions and on the interpretation of various provisions of the Income-tax Act, we are of the opinion that the following principles emerge :
(i) interest on fixed deposits and other deposits before the commencement of the business is income from other sources,
(ii) income from interest on deposits of surplus money during the construction period is also to be considered/treated as income from other sources,
(iii) interest income in respect of surplus money, not required for business and deposited in bank or person, as idle money, for safe keeping, would be assessable as income from other sources. If the income from interest is from a fund which has been brought as surplus capital, it would be assessable as income from other sources,
(iv) in respect of investment of surplus funds there is divergence of opinion between different High Courts and this court in the case of Murli Investments Co. held that if the surplus funds are invested instead of keeping them idle, the income by way of interest should be treated as income from other sources,
(v) if the surplus funds emerge out of business carried on by the assessee which is regularly carried on by the assessee and then with the intention to carry on the business of lending of money or money-lending the loan is advanced, the income therefrom would be income from business. The intention has to be gathered with reference to all the activities of advancing money which should be permitted by the objects of the company and also by the resolution of the board of directors to carry on the business of money-lending or lending of money.
12. In the present case from the various provisions referred to above, we find that there is no such provision by which an intention to carry on the business of money-lending could be inferred. Accordingly, the income which has been received by the assessee is to be treated as income from other sources and not business income.
13. Consequently, the reference is answered in favour of the Revenue and against the assessee, and it is held that the Tribunal was not justified in holding that interest income earned by the assessee should be assessed as business income. No order as to costs.