Delhi High Court: Income Tax On Interest Income From FD, Ownership Need To Be Determined By Arbitral Tribunal

The Delhi High Court in the case PCIT Versus M/s Rajdarbar Heritage Venture Limited observed and has held that income tax cannot be levied on the interest income from fixed deposits till the ownership is being determined by the arbitral tribunal.

The Division bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed and has agreed with the finding of the two Appellate Authorities below that till the final award was passed by the Arbitral Tribunal determining the ownership of the fixed deposits and interest and it could not be stated that the interest income had crystallised in the assessee’s hands and that the same could not be held to be the income of the assessee under Section 5(1) of the Income Tax Act, 1961.

It had been stated by the appellant/department that the ITAT had erred in deleting the additions for the Assessment Years 2012–13 and 2013–14 made by the Assessing Officer. Thus, the department stated that ITAT has ignored the fact that the FDR is in the name of the Assessee and that interest has accrued and been credited in the name of the Assessee only. The disputed parties share in the interest will arise only after the payment of due taxes.

It had been emphasized by the appellant that the dispute between the parties was with regard to 100 crores, whereas the amount deposited was in excess of Rs.190 crores. However, the final settlement agreement between the parties was for 100 crores, whereas the amount deposited was in excess of Rs.190 crores. It had been paid by the assessee company to the Pramerica ASPF II Cyprus Holding Ltd. Rs. 70 crores from the FDR amount, and the agreement was accepted by the Delhi High Court Mediation and Conciliation Centre, which resulted in a final order dated April 9, 2015, being issued by the Court.

Further, the Court found that the FDRs were made in the name of the respondent-assessee by virtue of a consensual order passed by the Arbitral Tribunal comprising three retired judges.