2010 (11) TMI 696 - AT - Income Tax

Applicability of Rule 8D - As per the Hon ble Bombay High Court in the case of Godrej Boyce Manufacturing Co. Ltd. vs. DCIT (2010 (8) TMI 77 - BOMBAY HIGH COURT), where it has been held that Rule 8D of Income-tax Rules, 1962 framed in March, 2008 would apply only from the Assessment Year 2008-09 and not to earlier years - In the present case the assessment year involved is Assessment Year 2007-08 - Therefore, Rule 8D will not be applicable to the present case. Addition - Expenses for earning dividend income - It has been further clarified by the assessee that the sum of Rs.17,528/- incurred by the assessee has already been disallowed by the assessee voluntarily in the return of income filed by it as would be clear from the statement of assessable income filed by the assessee - Therefore, delete the disallowance made by the AO and restrict the same to Rs.17,528/- as disallowed by the assessee itself - The AO shall modify the assessment order accordingly.

Summary

Issues:
1. Disallowance of expenses against earning dividend income under section 14A of the Income-tax Act, 1961.

Detailed Analysis:
The appeal was filed by the assessee against the order of the Commissioner of Income-tax (Appeals) regarding the disallowance of expenses under section 14A of the Income-tax Act, 1961. The Assessing Officer invoked the provisions of section 14A read with Rule 8D of the Income-tax Rules, 1962, and disallowed Rs.2,04,827 as expenses allegedly incurred for earning dividend exempted income. The AO relied on the decision of the Special Bench of Income-tax Appellate Tribunal, Mumbai in the case of ITO vs. Daga Capital Management Pvt. Ltd. In response to the appeal, the CIT(A) confirmed the addition, citing Rule 8D as a retrospective provision and following the decision of ITAT in the case of Daga Capital Management Pvt. Ltd.

The ITAT noted that the Special Bench decision in the case of Daga Capital Management Pvt. Ltd. had been overruled by the Bombay High Court, holding that Rule 8D would apply only from the Assessment Year 2008-09 and not to earlier years. As the assessment year in question was 2007-08, Rule 8D was deemed inapplicable. The ITAT emphasized that disallowance under section 14A can only be made for expenses directly related to earning dividend income. The assessee had already voluntarily disallowed Rs.17,528 as fees paid to M/s. Kotak Securities Ltd. for managing investments. The ITAT concluded that no further disallowance was warranted beyond the voluntarily disallowed amount. Therefore, the disallowance made by the AO was deleted, and the total disallowance was restricted to Rs.17,528 as declared by the assessee.

In conclusion, the ITAT allowed the appeal filed by the assessee, modifying the assessment order accordingly and pronouncing the decision on 26.11.2010.