Thursday, 26 September 2019

Interest earned on unutillised funds kept in FDRs due to delay in completion of project held as capital receipt


Where assessee-company, incorporated for development and operation of multipurpose port terminal, raised certain share capital in form of foreign inward remittance, in view of fact that said project got delayed due to various reasons beyond assessee's control and, thus, assessee had to keep unutilised funds in banks in form of FDRs, interest income earned on said deposits being in nature of capital receipt, was not liable to tax

[2019] 109 taxmann.com 105 (Mumbai - Trib.)/[2019] 71 ITR(T) 390 (Mumbai - Trib.)

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