Swamy Motor Transports Pvt. Ltd. (In Liquidation) vs Commissioner of Income Tax

Thanikkachalam, J.—In this tax petition, the assessee requested this Court to direct the Tribunal to refer the following question of law said to

arise out of the order of the Tribunal for our opinion under s. 256(2) of the IT Act, 1961 :

Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenditure of Rs. 17,769 was not an

allowable deduction under s. 57(iii) of the IT Act, 1961 ?

The assessee is a private limited company. It was ordered to go into liquidation on 10th Aug., 1973. The official liquidator was appointed as the

liquidator of this company to manage the affairs of this company. For the asst. yr. 1988-89, the assessee''s only source of income was interest

income derived from various fixed deposits made in banks. The interest income offered for tax comes to Rs. 84,872. The assessee claimed that the

expenditure of Rs. 17,769 is deductible from the interest income. The expenditure consisted of the following items :

Rs.

(1) Common establishment charges 1,849.51

(2) Staff salary 11,763.00

(3) Establishment charges 3,766.00

According to the ITO, these expenditures are not entitled for deduction. On appeal, the CIT(A) following the decision of the Allahabad High

Court in the case of Commissioner of Income Tax Vs. Rampur Timber and Tannery Co. Ltd., , allowed these expenditure as deductions under s.

57(iii) of the Act. Aggrieved, the Department filed a second appeal before the Tribunal. The Tribunal, following the decision of the Supreme Court

in the case of Vijaya Laxmi Sugar Mills Ltd. vs . CIT : [1991]191ITR641(SC) held that these expenditures are not incurred for earning the interest

income. Therefore, the deduction of these expenditures from the interest income is not possible. The Tribunal is the highest fact-finding authority.

On a consideration of the facts, the Tribunal has come to the conclusion that the items of expenditure claimed by the assessee are not incurred for

the purpose of earning the interest income. Unless an expenditure is incurred for earning the interest income the same cannot be deducted while

computing the net income. On this aspect, the Tribunal followed the judgment of the Supreme Court in Vijaya Laxmi Sugar Mills Ltd. vs. CIT

(supra) to come to the conclusion that the expenditures claimed by the assessee were not incurred for the purpose of earning the interest income.

Inasmuch as the Tribunal, on appraising the facts, came to the abovesaid conclusion that the said expenditure were not incurred for earning the

interest income, we consider that no referable question arises out of the order of the Tribunal as framed and suggested by the assessee.

Accordingly, the tax case petition is dismissed.