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Recently following the ‘Tuticorin’ case the Kerala High Court in the case of CIT Vs Cochin Shipyard Limited (108TAX112) held that Interest income is always of a revenue nature, unless it is received by way of damages or compensation. Thus where a person borrows money for business purposes but utilises that money to earn interest, however, temporarily, the interest so generated will be his income. This income can be utilised by the assessee whichever way he likes. He may or may not discharge his liability to pay interest with this income. Merely because it is utilised to repay the interest on the loan taken by the assessee, it does not cease to be his income. When the question is whether a receipt of money is taxable or not or whether certain deductions from that receipt are permissible in law or not, the question has to be decided according to the principles of law and not in accordance with accounting practice. Accounting practice, thus, according to the court cannot override section 56 or any other provision of the Act.


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