2016 (1) TMI 1236 - AT - Income Tax

Section 14A disallowances - proportionate expenditure computed in respect of administrative and other expenses - Rule 8D applicability - Held that - Rule 8D of the Income Tax Rules to be applicable only from assessment year 2008- 09. Proportionate disallowance qua assessee s dividend incomes earned in the two impugned assessment years - Held that - There is no dispute that the assessee is already an investment company only deriving exempt income to the tune of almost 90% of the gross receipts in former assessment year. We observe in these facts that it has failed to attribute whole of the expenditure amounting g to ₹ 28,21,000/- qua earning of the remaining miniscule taxable income. This has made the CIT(A) to invoke the impugned proportionate disallowance in view of these facts and circumstances. The assessee has relied upon a catena of case of law in support of its contentions opposing proportionate disallowance. None of the said cases seem to involve an investment company alike the assessee. We hold in other words that the assessee company incurs its expenditure in making share investments only keeping in mind its business and exempt income of more than 90% of the gross receipts. We find no merits in assessee s sole substantive raised in both impugned assessment years.

Summary

Issues:
- Challenge to section 14A disallowances
- Application of Rule 8D for disallowances
- Expenditure allocation for taxable income
- Proportionate disallowance based on facts and circumstances

Analysis:

Challenge to section 14A disallowances:
The case involved a challenge to section 14A disallowances by the assessee and the Revenue. The assessee contested disallowances of specific amounts related to administrative and other expenses, while the Revenue sought to restore the Assessing Officer's disallowances under section 14A. Both parties presented their arguments during the proceedings, focusing on the computation and allocation of expenses in relation to exempt income.

Application of Rule 8D for disallowances:
The Assessing Officer invoked Rule 8D to compute section 14A disallowances for the relevant assessment years. The assessee, being an investment company with significant exempt dividend income, contested the application of Rule 8D, citing legal precedents. The CIT(A) upheld the argument that Rule 8D does not apply to assessment years preceding 2008-09, as per the Bombay High Court decision in Godrej and Boyce Manufacturing Co. Ltd vs. DCIT. This decision led to disagreements between the parties, resulting in cross-appeals.

Expenditure allocation for taxable income:
The assessee, as an investment company, faced challenges regarding the allocation of expenditure in relation to its taxable income. The Assessing Officer disallowed specific amounts under section 14A, prompting the assessee to argue that the expenses in question were incurred for earning taxable income only. The nature of the expenses included staff costs, rent, taxes, insurance, consultancy, and other operational expenses. The dispute revolved around whether these expenses could be wholly allocated to taxable income, with the Revenue supporting the disallowances.

Proportionate disallowance based on facts and circumstances:
The CIT(A) invoked proportionate disallowances concerning the assessee's dividend incomes earned during the assessment years. The dispute centered on the assessee's failure to attribute all expenses to the remaining taxable income, given its substantial exempt income. The tribunal upheld the proportionate disallowances based on the facts and circumstances of the case, emphasizing the nature of the assessee as an investment company primarily deriving exempt income. The decision considered various legal arguments presented by the parties but ultimately upheld the CIT(A)'s findings, leading to the dismissal of the appeals filed by both the assessee and the Revenue.

Overall, the judgment addressed the complex issues of section 14A disallowances, the application of Rule 8D, expenditure allocation, and proportionate disallowances, providing a detailed analysis of each aspect based on the arguments presented by the parties and relevant legal precedents.