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2019 (2) TMI 2068 - ITAT RANCHIAccrual of income - interest earned on fixed deposit - Real income theory - The said income was not the business receipt of the assessee company but was income from Other sources - AO rejected the contention of the assessee to hold that the interest accrued to the appellant was its income - HELD THAT:- CIT(A) deleted the addition stating that Income-tax is a tax on the real income, i.e., the profits arrived at on commercial principles subject to the provisions of the Income-tax Act. The real profit can be ascertained only by making the permissible deductions. There is a clear-cut distinction between deductions made for ascertaining the profits and distributions made out of profits. In a given case whether the outgoings fall in one or the other of the heads is a question of fact to be found on the relevant circumstances, having regard to business principles. Another distinction that shall be borne in mind is that between the real and the statutory profits, i.e., between the commercial profits and statutory profits. The latter are statutorily fixed for a specified purpose. Facts of the case clearly show that the appellant never became the 'owner' of the money. It had to return the excess funds to the government. The addition made by the Ld. Assessing Officer cannot be sustained in appeal. Ground of appeal is allowed in favour of assessee.
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