2016 (2) TMI 910 - AT - Income Tax

Addition under section 14A - Held that - Recently the Hon ble Delhi High Court in the case of Eicher Goodearth Ltd. vs. CIT (2015 (5) TMI 685 - DELHI HIGH COURT) has held that if the expenditure is incurred for the purpose of promotion of business-more specifically to retain control or as part of his strategic investment of the assessee company such expenses by way of interest out go would have to be treated as allowable under section 36(1)(iii) of the Act. We direct the AO to verify the claim of the assessee regarding the strategic investments and exclude the strategic investments while calculating the disallowance under rule 8D for the purpose of section 14A of the Income Tax Act. - Decided in favour of assessee for statistical purposes.

Summary

Issues Involved:
Confirmation of addition under section 14A of Rs. 2,46,650/-.

Analysis:
1. The appeal was filed against the Commissioner of Income Tax (Appeals) order relevant to the assessment year 2010-11, specifically challenging the addition under section 14A of Rs. 2,46,650/-.

2. The assessee contended that the investments made in group companies were strategic for controlling those companies, not for earning exempt income. The argument was that these investments should be excluded while calculating the disallowance under rule 8D of the Income Tax Rules.

3. The Tribunal referred to a similar case where it was held that strategic investments do not require daily monitoring and should be excluded for attributing administrative expenses for disallowance under section 14A. The Tribunal relied on various judicial pronouncements supporting this view. The Assessing Officer was directed to exclude such strategic investments while computing the disallowance under section 14A.

4. The assessee also cited a Bombay High Court case where it was held that investments made to control sister/subsidiary companies are part of business and entitled to deduction under section 36(1)(iii) of the Act. Additionally, a Delhi High Court case stated that expenses incurred for promoting business or retaining control are allowable under the same section.

5. Considering the precedents, the Tribunal directed the Assessing Officer to verify the claim regarding strategic investments and exclude them while calculating the disallowance under rule 8D for section 14A of the Income Tax Act.

6. As a result, the appeal of the assessee was treated as allowed for statistical purposes, and the order was pronounced in open court on 24.02.2016.