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2025 (5) TMI 889 - AT - Income TaxTaxability of interest received by the assessee - assessee is a Resident Welfare Association and had filed return of income in the status of AOP - HELD THAT - We find that identical issue was considered in the case of Belaire Condominium Association 2018 (5) TMI 240 - ITAT DELHI as held that interest income of the assessee therein is not liable to tax. Decided against revenue.
1. ISSUES PRESENTED and CONSIDERED
The core legal question considered by the Tribunal in these appeals is whether the interest income received by the assessee, a Resident Welfare Association (RWA) functioning as an Association of Persons (AOP), on Interest Bearing Maintenance Security (IBMS) deposits with banks is taxable under the Income Tax Act, 1961. Specifically, the issue is whether such interest income is exigible to tax under the provisions of the Act or exempt based on the principle of mutuality and related provisions. The Revenue challenged the deletion of addition of interest income made by the Assessing Officer (AO) and upheld by the Commissioner of Income Tax (Appeals) (CIT(A)), contending that the interest income is taxable and the expenditure claimed as deduction against such income is not allowable. 2. ISSUE-WISE DETAILED ANALYSIS Issue: Taxability of interest income earned by the Resident Welfare Association on Interest Bearing Maintenance Security deposits held with banks. Relevant Legal Framework and Precedents: The determination hinges primarily on the application of Sections 56, 57(iii), and 40(ba) of the Income Tax Act, 1961. Section 56 deals with income chargeable under the head "Income from Other Sources," Section 57(iii) provides for allowable deductions against such income, including interest expenditure incurred to earn such income, and Section 40(ba) restricts certain deductions in computing business income but excludes registered societies. The principle of mutuality, established through judicial precedents including the Supreme Court decision in the Bangalore Club case, is also pivotal in assessing whether such interest income is taxable or exempt. Court's Interpretation and Reasoning: The Tribunal relied on a coordinate bench decision in the case of Belaire Condominium Association, which dealt with an identical issue. The Tribunal noted that the assessee society collected security deposits from its members, which were deposited with banks to earn interest. The society was obligated under the apartment buyers' agreement to pay interest on these security deposits to the members. The Tribunal observed a direct nexus between the interest income earned on bank deposits and the interest expenditure incurred by the society in paying interest to the members. The Tribunal rejected the AO's view that the interest income was taxable and the expenditure disallowed. It held that the interest expenditure was incurred wholly and exclusively to earn the interest income and was thus deductible under Section 57(iii). The Tribunal further clarified that Section 40(ba), which disallows certain interest deductions in business income computations, excludes registered societies and is not applicable to income from other sources, which is the relevant head here. The Tribunal also distinguished the case from exemption under the principle of mutuality, noting that the interest paid by the society to members was taxable in the hands of members, and the society's interest income and expenditure were related transactions. Hence, the interest income earned by the society on IBMS deposits was not liable to tax in the hands of the society. Key Evidence and Findings: The factual matrix established that the society was a registered entity formed to maintain common areas and facilities, collected maintenance charges and security deposits from members, and deposited these security deposits with banks to earn interest. The society paid interest to members on these deposits after deducting tax at source. The AO's addition of interest income was based on the view that the income was taxable and the corresponding interest expenditure was not deductible. Application of Law to Facts: Applying the legal provisions and judicial principles, the Tribunal found that the interest income and interest expenditure were intrinsically linked. The expenditure was incurred to earn the interest income and was allowable as a deduction under Section 57(iii). The exclusion of registered societies from Section 40(ba) further supported the deductibility of interest expenditure. Consequently, the interest income was not taxable in the hands of the society, and the addition made by the AO was rightly deleted by the CIT(A). Treatment of Competing Arguments: The Revenue argued that the interest income was taxable and that the CIT(A) erred in deleting the addition. The Tribunal carefully examined the Revenue's contentions but found them unpersuasive in light of the established legal framework and the precedent of Belaire Condominium Association. The Tribunal emphasized that the CIT(A) had followed judicial discipline by relying on the coordinate bench decision and that there was no infirmity in the CIT(A)'s order. Conclusions: The Tribunal concluded that the interest income earned by the Resident Welfare Association on IBMS deposits is not taxable under the Income Tax Act. The corresponding interest expenditure incurred to pay interest to members is allowable as a deduction under Section 57(iii). The addition made by the AO was rightly deleted by the CIT(A), and the Revenue's appeal was dismissed for both assessment years 2016-17 and 2017-18. 3. SIGNIFICANT HOLDINGS The Tribunal's key legal reasoning is encapsulated in the following verbatim excerpt from the Belaire Condominium Association decision, which was followed in the present appeals: "As rightly pointed out by the learned AR that the assessee society has obtained the interest bearing maintenance security called IBMS from the flat owners and such security deposit has been deposited with the Bank on which interest has been earned. Thus, there is a direct nexus in earning interest on such fixed deposit with Bank and payment of interest on the security deposit to the flat owners. The interest expenditure has been incurred wholly and exclusively for earning such interest income on Bank deposit. As per the Apartment buyers agreement there is an obligation on every buyer to make security deposit and there is corresponding obligation on the society to pay interest on such deposit. ... The assessee society has paid interest each one after deducting tax at source. Thus, it is not a case of exemption on the principle of mutuality. Such interest paid by the assessee society is taxable in the hands of the Apartment owner. ... Section 40 (ba) ... excludes registered society from its applicability. Moreover, as rightly contended by the learned AR Section 40 (ba) is applicable while computing business income. This clause is not applicable while computing income from other sources. There is no prohibition in Section 57 (iii) under which deduction of interest is eligible to the assessee society." Core principles established include:
Final determinations on the issues are that the interest income on IBMS deposits is not exigible to tax in the hands of the Resident Welfare Association, and the Revenue's appeals for AY 2016-17 and 2017-18 are dismissed accordingly.
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