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2013 (11) TMI 364 - AT - Income TaxDisallowance u/s 14A of the Income tax act Invocation of section 14A where chapter VI-A applies Held that - Profit as per P & L A/c was Rs.7,80,29,871/- against which the assessee has claimed deduction u/s 80IB and u/s. 80P(2)(d) of IT Act. The total assessable income was computed at Rs.4,00,68,881/- - Provisions of Section 14A cannot be applied to the provisions of Chapter-VIA, i.e., in respect of deductions u/s. 80A to Section 80U of the IT Act - Deduction under the said Chapter is to be made out of the computation of the total income. Those deductions are not like exempted income - Section 14A are to be attracted in relation to income which does not form part of the total income, i.e., an income exempt under the Act Reliance has been placed on the decision of ITAT Chennai Bench pronounced in the case of Tamil Nadu Silk Producers Federation Ltd. 2006 (4) TMI 229 - ITAT MADRAS-B - Provisions of Section 14A have wrongly been invoked in this case Decided against the Revenue. Rectification u/s 154, when the disallowance made u/s 14A Held that - Applicability of the provisions of Section 14A was a disputed issue hence not rectifiable u/s 154 of the IT Act.
Issues Involved:
1. Disallowance of deduction under Section 14A r.w.r 8D for interest and dividend income. 2. Allowance of deduction under Section 80IB for Banas-II plant. 3. Disallowance of additional amount under Section 14A for interest income from deposits with Co-op. Bank. Issue 1: Disallowance of deduction under Section 14A r.w.r 8D for interest and dividend income: The case involved an appeal regarding the addition made by the Assessing Officer under Section 14A of the Income Tax Act. The AO disallowed an amount under Section 14A as the interest paid on loans borrowed by the assessee was more than the interest received on loans advanced. The assessee claimed that the dividend was received from investments made from own funds, not borrowed funds. The First Appellate Authority held that there was no nexus between borrowed funds and the investment made to earn exempt income. It was observed that the assessee had surplus funds, and thus, no disallowance under Section 14A should have been made. The Tribunal affirmed the CIT(A)'s decision, stating that Section 14A cannot be applied to deductions under Chapter VIA of the Act. The Tribunal relied on a decision of ITAT Chennai and concluded that the provisions of Section 14A were wrongly invoked in this case. Issue 2: Allowance of deduction under Section 80IB for Banas-II plant: The appeal addressed the allowance of deduction under Section 80IB for the Banas-II plant. The Tribunal noted that a consistent view had been taken in the past years in favor of the assessee regarding the entitlement to claim the deduction under Section 80IB for the units in question. The Tribunal upheld the CIT(A)'s order directing the AO to quantify the admissible deduction in accordance with previous Tribunal findings. As there was no reason to interfere with the CIT(A)'s decision, the Tribunal dismissed this ground of the Revenue. Issue 3: Disallowance of additional amount under Section 14A for interest income from deposits with Co-op. Bank: The assessee appealed against the additional disallowance made under Section 14A for interest income from deposits with a Co-op. Bank. The AO had computed the total disallowance under Section 14A read with Rule 8D, which was contested before the CIT(A). The CIT(A) held that the AO's order under Section 154 was correctly invoked. However, the Tribunal disagreed with the CIT(A)'s decision, stating that the applicability of Section 14A was a disputed issue and not rectifiable under Section 154. The Tribunal reversed the CIT(A)'s finding and allowed this ground of the assessee. In conclusion, the Tribunal dismissed the Revenue's appeal and allowed the assessee's appeal concerning the issues of disallowance under Section 14A and allowance under Section 80IB. The Tribunal's decisions were based on detailed analysis of the facts and legal provisions involved in each issue, ensuring a fair and just outcome in each case.
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