1999-VIL-49-SC-DT

Equivalent Citation: [2000] 243 ITR 2 (SC)

Supreme Court of India

C. A. Nos 2438 and 2439 of 1999.

Date: 23.04.1999

COMMISSIONER OF INCOME-TAX

Vs

KARNAL CO-OPERATIVE SUGAR MILLS LTD.

For the Appellant : R. N. Trivedi, Additional Solicitor General (Rajiv Nanda , S. D. Sharma and S. K. Dwivedi, Advocates)
For the Respondent : Sunil K. Mukhi , P. C. Jain and M. S. Dahiya, Advocates

BENCH

MRS. SUJATA V. MANOHAR AND R. P. SETHI JJ.

JUDGMENT

Leave granted.

In the present case, the assessee had deposited money to open a letter of credit for the purchase of the machinery required for setting up its plant in terms of the assessee's agreement with the supplier. It was on the money so deposited that some interest has been earned. This is, therefore, not a case where any surplus share capital money which is lying idle has been deposited in the bank for the purpose of earning interest. The deposit of money in the present case is directly linked with the purchase of plant and machinery. Hence, any income earned on such deposit is incidental to the acquisition of assets for the setting up of the plant and machinery. In this view of the matter the ratio laid down by this court in Tuticorin Alkali Chemicals and Fertilizers Limited v. CIT [1997] 227 ITR 172, will not be attracted. The more appropriate decision in the factual situation in the present case is in CIT v. Bokaro Steel Ltd. [1999] 236 ITR 315(SC). The appeal is dismissed. There will be no order as to costs.

 

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