2014 (11) TMI 1167 - AT - Income Tax

Interest earned on money lent by the assessee - income from Profit and Gains of Business or Profession OR income from other sources - Held that - Considering the commonness of the issue involved in the present appeal with that of the issue decided by the Tribunal in assessee s own case for the AY 2008-2009 we are of the opinion that the decision of the CIT (A) holding that the interest earned on money lending operation arose from a systematic and organized activity carried on with a motive of profit and hence ought to be taxed under the head profits and gains of business or profession is fair and reasonable and it does not call for any interference Disallowance u/s 14A - Held that - The disallowance confirmed by the CIT (A) is proper but the same is subjected to the correctness of the calculations as per clause (ii) & (iii) of Rule-8D(2) of the IT Rules 1962. Assessing Officer may examine the correctness before restricting the disallowance as held by the CIT (A). Therefore in substance the order of the CIT (A) does not call for any interference. - Revenue appeal dismissed.

Summary

Issues:
1. Classification of interest income as "income from Profit and Gains of Business or Profession" instead of "income from other sources."
2. Disallowance of interest expenditure and administrative expenses under section 14A of the IT Act.

Analysis:
Issue 1:
The appeal filed by the Revenue challenged the order of the CIT (A) regarding the treatment of interest income earned on money lent by the assessee. The Revenue contended that the interest income should be classified as "income from other sources" as held by the Assessing Officer. However, the CIT (A) classified the interest income as "income from Profit and Gains of Business or Profession." The Tribunal, after considering the previous order related to a similar issue in the assessee's case for the AY 2008-2009, upheld the decision of the CIT (A). The Tribunal found that the interest earned on money lending operation was from a systematic and organized activity carried out with a motive of profit, thus justifying its classification under the head of "profits and gains of business or profession." Consequently, the Tribunal allowed ground no.1 raised by the assessee.

Issue 2:
Grounds 2 and 3 of the appeal related to the disallowance under section 14A of the IT Act. The Tribunal noted that a similar issue had been decided in the assessee's case for the AY 2008-2009. The Tribunal referred to para 12 of the previous order, which emphasized the correctness of the calculation of disallowance under Rule-8D of the Act. The Tribunal held that the disallowance confirmed by the CIT (A) was appropriate, subject to the correctness of the calculations as per Rule-8D(2). The Tribunal directed the Assessing Officer to verify the accuracy before restricting the disallowance. Consequently, the Tribunal dismissed ground nos. 2 and 3 raised by the Revenue, affirming the order of the CIT (A) in substance.

In conclusion, the Tribunal dismissed the appeal of the Revenue, upholding the decisions of the CIT (A) on both issues. The judgment was pronounced on 24th November 2014 by the Appellate Tribunal ITAT, Mumbai, with D. Karunakara Rao and Amit Shukla presiding over the case.