2011 (8) TMI 148 - HC - Income Tax

Disallowance u/s 14A - Exemption u/s 10(33) - Tribunal held that investments in equity shares and mutual funds were made by the assessee during the assessment years 1994-95 till 1998-99 and it has been consistently held by the Income Tax Appellate Tribunal that these investments have been made out of the assessee s own funds and not out of the borrowed funds - Save and except contending that Section 14A was not on the statute book when the Income Tax Appellate Tribunal passed orders in the assessment years prior to the assessment year in question Counsel for the Revenue could not point as to how interest on borrowed funds to the extent of Rs.2.79 crores was attributable to earning dividend income which are exempt under Section 10(33) of the Act - Decided in favor of the assessee

Summary

Issues:
1. Justification of deleting the disallowance of interest under Section 14A of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal for an amount of Rs.2.79 crores.

Analysis:
1. The primary issue in this appeal pertains to the deletion of the disallowance of interest amounting to Rs.2.79 crores made by the assessing officer under Section 14A of the Income Tax Act, 1961. The question raised was whether the Income Tax Appellate Tribunal was justified in deleting this disallowance. The assessment year under consideration was 2000-01.

2. During the assessment year in question, the assessee had earned dividend income of Rs.13,35,770 from investments exceeding Rs.20 crores in equity shares and mutual funds made from assessment year 1994-95 onwards.

3. The assessing officer disallowed interest of Rs.2.79 crores on borrowed funds utilized for business, claiming it was relatable to earning exempt dividend income under Section 10(33) of the Income Tax Act, 1961, and hence disallowable under Section 14A of the Act.

4. The Income Tax Appellate Tribunal found that the investments in equity shares and mutual funds were made by the assessee using their own funds, not borrowed funds. Even investments made in the assessment year 1999-2000 were held to be from the assessee's own funds. The Tribunal, considering the absence of material to establish the interest expenditure was attributable to earning dividend income, deleted the disallowance under Section 14A.

5. The Court upheld the Tribunal's decision, noting the lack of evidence showing the interest expenditure was directly or indirectly linked to earning dividend income. The Court found no fault in the Tribunal's decision to delete the disallowance. The appeal was dismissed, and no costs were awarded.

6. In conclusion, the High Court upheld the Income Tax Appellate Tribunal's decision to delete the disallowance of interest under Section 14A, as there was no substantiated connection between the interest expenditure and the earning of dividend income, leading to the dismissal of the appeal.