2014 (5) TMI 349 - AT - Income Tax

Disallowance of expenses u/s 14A of the Act Exempted income u/s 37 for business purpose Held that - AO rightly observed that assessee has earned commission income and has claimed several expenses in the profit and loss account - the exempt income and short term capital gain have gone out of profit and loss account, the assessee has claimed the expenditure only towards earning of commission income - assessee has earned commission income from only three parties and for purchase and sell of goods - CIT(A) agreed with the findings of AO and confirmed the addition of 75% of expenses claimed by the assessee towards earning by commission the disallowance is restricted to 50% of the expenses claimed by the assessee Decided partly in favour of Assessee.

Summary

Issues:
Disallowance of expenses under section 14A and section 37.

Analysis:
The appellant's appeal was against the order of the Ld. CIT(A)-XVI, Ahmedabad, regarding the disallowance of expenses amounting to Rs. 5,05,904. The Assessing Officer (AO) noted that the appellant had earned commission income, exempt income from dividends and long-term capital gains, as well as short-term capital gains. The AO questioned why disallowance should not be made for expenses incurred in earning exempt income. The appellant had claimed various expenses in the profit and loss account totaling Rs. 17,57,015, out of which Rs. 10,79,726 was self-disallowed. The AO, unsatisfied with the explanation provided by the appellant, disallowed Rs. 5,05,904, representing 25% of the expenses claimed towards earning commission income and exempt income.

During the assessment proceedings, the appellant contended that all expenses were for the purpose of the business, even though there was no fresh commission income during the year. The appellant argued that the entire infrastructure had to be maintained for the agency business, which did not yield commission income in that year. However, the appellant engaged in investment activities and earned income from dividends, long-term capital gains, and short-term capital gains. Despite the appellant's submission, the Ld. CIT(A) upheld the AO's decision and confirmed the addition of Rs. 5,05,904. The Tribunal, considering the circumstances, decided to restrict the disallowance to 50% of the expenses claimed by the appellant, thereby partly allowing the appeal.

In conclusion, the Tribunal partially allowed the appellant's appeal by reducing the disallowance of expenses from 75% to 50% of the total expenses claimed.