Answer: If the nature of the
transaction is such that the asset given for a period of time is to be
‘used’ by the receiver, but, by the nature of the transaction, cannot be
‘used up’ by him, the predetermined gain would be categorized as rent not
interest.
Consider the hypothetical
situation where Mr A leases out his house to Mr B for one year at a rent of
Rs. 5000 per mensem. In the third month, Mr B is unable to pay the rent,
and, in accordance with the terms of his contract, he has to vacate the
premises. To do this, he does not have to ‘re-create’ the building as the
nature of the whole arrangement was such that he could not ‘use up’ the
property.
On the other hand, Mr A gives
a sack of wheat to Mr C for a certain time period, during which Mr C has to
pay Rs. 50 every week to Mr A over and above the value of wheat. Now, in the
second week Mr C is unable to pay Rs. 50. In this case, he might have to
‘re-create’ the sack of wheat to return the loan as he might have consumed
it, or ‘used it up’.
To use accounting terminology,
one might say that interest is charged on circulating capital whereas Rent
on fixed capital.
It is also important to note
that it is the nature of the transaction, not the nature of the commodity,
which determines whether the capital is circulating or fixed, that is
whether it can or cannot be ‘used up’. For example, a machine hired to
produce goods may be categorized as fixed capital as, by the nature of the
transaction, it cannot be ‘used up’, whereas the same equipment borrowed as
stock-in-trade for sale by a fellow trader may be categorized as circulating
capital as, by the nature of the transaction, it may be ‘used up’ to
generate revenue.
Consequently, one can say that
in case of an interest bearing transaction:
i) there is a gain at a
predetermined rate on the loan, and
ii) the nature of the
transaction is such that the commodity borrowed can be ‘used up’ to generate
revenue.
It is needles to say that
money is a commodity which, by its nature, involves transactions in which
the loaned capital sum may be ‘used up’ by the borrower. Therefore, whenever
money is lent, any gain at a predetermined rate on the principal is
interest. |