2013 (3) TMI 538 - HC - Income Tax

Deduction u/s 80M - whether the ITAT was correct in directing that deduction would be worked out after reducing the interest from the gross dividend income when the whole of the interest has been incurred by the assessee for the purpose of earning dividend and was liable to be deducted u/s 57 (iii) while computing the dividend income for the purpose of deduction u/s 80M - the assessee made investments in Unit Trust of India giving rise to the dividend income - Held that - No error is found in the order passed by the Tribunal as though the assessee was maintaining Master Account, but the fact remains that the Tribunal has been able to find out as a fact that the loan from three Banks i.e. Bank of America, American Express Bank and Grindlays Bank, is related to purchases of the units by the assessee and interest paid for availing such loan alone is liable to be deducted for arriving at the net dividend income. Such calculation was accepted by the departmental representatives before the Tribunal. The finding of the Tribunal that the amount of interest as is relatable to the dividend income alone is liable to deducted from determining the dividend income is in accordance with the judgment in Distributors (Baroda) P.Ltd. case ( 1985 (7) TMI 1 - SUPREME COURT). It has been held that the dividend income is to be arrived at after adjusting the interest on loan availed for making investment, giving rise to dividend income and not the interest paid by the assessee on other borrowings during the relevant assessment year. No substantial question of law arises for consideration by this Court - against revenue.

Summary

Issues:
1. Interpretation of Section 80M deduction under the Income Tax Act, 1961.
2. Treatment of interest expenses for determining dividend income.
3. Applicability of Sections 36 and 57 of the Act in calculating income from dividend.
4. Consideration of interest paid on loans for specific investments in determining net dividend income.

Analysis:

1. The primary issue in this case revolves around the interpretation of Section 80M of the Income Tax Act, 1961. The Tribunal had to determine whether the deduction under Section 80M should be calculated after reducing the interest amount from the gross dividend income, specifically in the context of interest incurred by the assessee for earning dividends. The Tribunal held that the deduction should be based on adjusting the interest on loans raised for earning the dividend income, rather than considering the entire interest paid during the relevant year.

2. The treatment of interest expenses for determining dividend income was a crucial aspect of the case. The Tribunal's decision focused on the relationship between the interest paid by the assessee for specific investments leading to dividend income and the overall interest paid during the assessment year. The Tribunal emphasized that only the interest related to investments giving rise to dividend income should be adjusted to arrive at the net dividend income.

3. An important legal consideration was the applicability of Sections 36 and 57 of the Income Tax Act in calculating income from dividends. The Commissioner of Income Tax had argued that interest expenditure for the entire year should be considered to determine the correct net dividend income. However, the Tribunal disagreed, highlighting the provisions of Section 57(iii) which require the deduction of expenses laid out exclusively for earning such income.

4. The Court analyzed the specific interest paid on loans for making investments that generated dividend income. The Tribunal's decision aligned with the principle established in the Distributors (Baroda) P. Ltd. case, emphasizing that interest on loans related to investments giving rise to dividend income should be deducted. The Court upheld the Tribunal's findings, stating that the interest on loans specifically linked to dividend income should be considered for calculating the net dividend income, rather than all interest paid by the assessee during the assessment year.

In conclusion, the Court dismissed the appeal, finding no substantial question of law for consideration. The judgment emphasized the importance of aligning interest expenses with investments generating dividend income and upheld the Tribunal's decision regarding the deduction under Section 80M of the Income Tax Act.