2013 (9) TMI 1062 - AT - Income Tax

Disallowance u/s.14A applying Rule 8D - Held that - There cannot be profit on the transfer of the mutual funds but as we have held that there is no specific finding by the AO nor by the CIT(A) that infact the assessee has used the interest bearing funds for investment on this factual aspect we hold that there is no justification to make the disallowance. We accordingly delete the addition made by the AO u/s.14A r.w. Rule 8D as the mandate of section 14A(1) is not fulfilled. - Decided in favour of assessee

Summary

Issues: Disallowance under section 14A by Assessing Officer applying Rule 8D.

The judgment revolves around the challenge by the assessee against the order of the Ld.CIT(A)-V, Pune for the A.Y. 2008-09, pertaining to disallowance made under section 14A by the Assessing Officer using Rule 8D. The assessee, a cooperative society engaged in banking, received dividend income from mutual funds, claimed as exempt under section 10(35) of the Income Tax Act. The Assessing Officer contended that the expenditure related to the exempt dividend should be disallowed under section 14A r.w. Rule 8D. The assessee argued that no borrowed funds were used for investments and that the investment was made from its own funds, with no expenditure incurred for earning income from mutual funds. The Assessing Officer, however, made a disallowance of interest expenditure claimed by the assessee. The dispute centered on whether the nexus between the interest-bearing funds and the investment in mutual funds was established. The assessee cited various precedents to support its argument that without establishing this nexus, no disallowance could be made under section 14A(2).

The Tribunal analyzed the contentions and noted that the Assessing Officer failed to establish that the interest-bearing funds were utilized for mutual fund investments. It was emphasized that while section 14A(2) empowers the AO to quantify expenditure for disallowance, it does not override section 14A(1). Referring to the decision in Hero Cycles Ltd., it was reiterated that a finding of incurring expenditure for earning exempted income is essential for disallowance under section 14A. As the AO did not provide a specific finding on the use of interest-bearing funds for investments, the Tribunal concluded that there was no justification for the disallowance. Consequently, the addition made by the AO under section 14A r.w. Rule 8D was deleted as the mandate of section 14A(1) was not met. The appeal by the assessee was allowed, highlighting the importance of establishing a direct link between the expenditure and the exempt income to justify disallowance under section 14A.