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2012 (12) TMI 206 - AT - Income TaxDisallowance of Demat charges section 14A - Held that - CIT(A) is on this basis that proportionate interest on investment of Rs.1793.51 lacs should be on the basis of average rate of interest paid by the assessee - The average rate of interest has been worked out by Ld. CIT(A) @ 6.57% and disallowance at this rate was confirmed by him and this has been worked out at Rs.1,17,91,794/- is against the amount of disallowance made by the A.O. - This aspect of the order of Ld. CIT(A) is reversed and the A.O. is directed to compute the interest to be disallowed u/s 14A @ 6.57% Penalty u/s 271(1)(c) - Disallowance under section 14A of the Act - Merely because the assessee had claimed the expenditure, which claim was not accepted or was not acceptable to the Revenue, that by itself would not, in our opinion, attract the penalty under section 271(21)(c) - no penalty is justified in respect of disallowance made by the A.O. u/s 14A of the Income tax Act, 1961 - penalty appeal of the revenue is dismissed.
Issues Involved:
1. Quantum proceedings regarding the deduction claimed for the premium payable on deep discount bonds. 2. Disallowance of interest expenditure under Section 14A of the Income Tax Act. 3. Penalty proceedings under Section 271(1)(c) of the Income Tax Act. 4. Cross objections regarding various disallowances and interest levy under Section 234B. Detailed Analysis: 1. Quantum Proceedings Regarding Deduction for Premium Payable on Deep Discount Bonds: - Assessment Year: 2001-02 - Appeal No.: I.T.A.No. 3475/Ahd/2004 - Arguments: The assessee claimed a deduction for 1/6th of the total redemption premium on deep discount bonds, citing the judgment of the Hon'ble Apex Court in the case of Madras Industrial Investment Corporation Ltd. The revenue opposed this, supporting the assessment order. - Findings: The CIT(A) found that the premature surrender of bonds occurred in the subsequent year, making it unforeseeable in the current year. The liability of interest was not deemed contingent, and the provision made by the assessee was in line with the Apex Court's decision. The excess amount debited in the current year was offered to tax in the subsequent year. - Decision: The Tribunal upheld the CIT(A)'s decision, rejecting the revenue's ground. 2. Disallowance of Interest Expenditure Under Section 14A: - Assessment Year: 2001-02 - Appeal No.: I.T.A.No. 3475/Ahd/2004 - Arguments: The revenue supported the assessment order while the assessee argued that as a trader in shares and securities, the interest expenditure should be fully deductible. The CIT(A) had partially allowed the disallowance based on a proportionate calculation. - Findings: The CIT(A) used an average interest rate of 6.57% to calculate the disallowance, reducing the amount from the A.O.'s disallowance. However, the Tribunal noted that shares held as stock-in-trade should not be excluded from the investment amount for disallowance purposes, as per the Special Bench decision in Daga Capital Management (P) Ltd. - Decision: The Tribunal directed the A.O. to compute the disallowance at 6.57% of the total investment, reversing part of the CIT(A)'s order. The ground was partly allowed. 3. Penalty Proceedings Under Section 271(1)(c): - Assessment Year: 2001-02 - Appeal No.: I.T.A.No. 750/Ahd/2007 - Arguments: The revenue supported the penalty order, while the assessee argued against the imposition of the penalty. - Findings: The CIT(A) had deleted part of the penalty, noting that the issue was debatable until the Special Bench decision in Daga Capital Management (P) Ltd. The Tribunal referenced the Apex Court's decision in Reliance Petro Products Pvt. Ltd., which held that merely making a claim that was not accepted does not justify a penalty. - Decision: The Tribunal found no justification for the penalty and upheld the CIT(A)'s decision, dismissing the revenue's appeal. 4. Cross Objections Regarding Various Disallowances and Interest Levy Under Section 234B: - Assessment Year: 2001-02 - C.O. No.: 355/Ahd/2004 and 262/Ahd/2011 - Arguments: The assessee raised objections regarding disallowances for material storage and handling charges, interest expenditure, Demat charges, and the levy of interest under Section 234B. - Findings: The Tribunal found the CIT(A)'s disallowances reasonable and noted that no serious arguments were made by the assessee. - Decision: The cross objections were dismissed. Conclusion: - Quantum Appeal: Partly allowed. - Penalty Appeal: Dismissed. - Cross Objections: Dismissed.
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