2014 (9) TMI 1005 - AT - Income Tax

Disallowance made under section 14A by applying Rule 8D - computing the book profits u/s 115JB - Held that - Identical to the issue before the Tribunal in the case of sister concern and following the same parity of reasoning we direct the Assessing Officer to exclude the disallowance made under section 14A of the Act, while computing the book profits u/s 115JB of the Act. We direct the Assessing Officer to recompute the book profits under section 115JB of the Act - Decided in favour of assessee in part.

Summary

Issues:
1. Disallowance under section 14A of the Income Tax Act and computation of book profits under section 115JB of the Act.
2. Capitalization of expenditure.

Issue 1: Disallowance under Section 14A and Computation of Book Profits under Section 115JB:
The appeal challenged the order of the Commissioner of Income Tax (Appeals) relating to assessment year 2008-09 against the order passed under section 143(3) of the Income Tax Act, 1961. The assessee raised grounds of appeal related to the disallowance under section 14A and the computation of book profits under section 115JB of the Act. The Tribunal noted that the first part of the ground related to disallowance under section 14A was not pressed by the assessee. The only issue remaining was the computation of book profits under section 115JB. The Tribunal referred to previous decisions and held that the disallowance under section 14A should not be added back while computing book profits under section 115JB. The Tribunal directed the Assessing Officer to exclude the disallowance made under section 14A while computing the book profits under section 115JB, thereby allowing the appeal.

Issue 2: Capitalization of Expenditure:
The second ground raised by the assessee was against the capitalization of expenditure. However, during the proceedings, it was noted that this ground was also not pressed by the assessee. Therefore, this issue was not considered further, and the focus remained on the computation of book profits under section 115JB of the Act.

In conclusion, the Tribunal partially allowed the appeal filed by the assessee, primarily focusing on the computation of book profits under section 115JB of the Income Tax Act. The Tribunal directed the Assessing Officer to exclude the disallowance made under section 14A while computing the book profits, based on established precedents and legal principles. The decision was pronounced on September 10, 2014, by the Appellate Tribunal ITAT Chandigarh.