2014 (7) TMI 907 - AT - Income Tax

Adjustment of book profits Held that - CIT(A) has considered the sources of borrowed funds during the year - None of the loans have been utilized for the investment into shares of the companies - provisions of sub-clause (ii) of Rule 8D(2) are very clear on this wherein it has been provided that only interest expenditure is required to be considered which is not directly attributable to any particular income or receipt - there was no error in the findings of the CIT(A) in so far as interest expenditure of ₹ 16.22 crores is concerned Decided against Revenue. Applicability of section 14A r.w Rule 8D - Non-consideration of balance interest and administrative expenses Held that - There is no mention of Special Purpose Vehicle in the assessment order nor the AO has given any findings on the net worth vis- - vis investments of the assessee- the fact relating to the Special Purpose Vehicle was not before the AO, the matter is remitted back to the AO for fresh adjudication Decided in favour of Assessee.

Summary

Issues:
1. Applicability of Section 14A read with Rule 8D for disallowance.
2. Consideration of interest amounts for computing disallowance under Section 14A.
3. Disallowance of administrative expenses.
4. Invocation of Section 14A(2) and computation of book profit under Section 115JB.

Issue 1: Applicability of Section 14A read with Rule 8D for disallowance:
The Appellate Tribunal ITAT Mumbai heard cross appeals by the assessee and the Revenue against the order of the Ld. CIT(A)-21, Mumbai for A.Y. 2008-09. The appeals involved common issues, including the applicability of Section 14A read with Rule 8D for disallowance. The AO disallowed expenditure under Section 14A r.w. Rule 8D, leading to a total disallowance of &8377; 7,94,60,371/- and added this amount to the Book Profit u/s. 115JB. The Ld. CIT(A) considered the assessee's argument that borrowed funds were utilized for business purposes, not investments, and directed the AO to rework the disallowance excluding certain interest amounts. The Tribunal upheld the Ld. CIT(A)'s findings regarding the interest expenditure directly attributable to specific activities, confirming the exclusion of &8377; 16.22 crores from the disallowance calculation.

Issue 2: Consideration of interest amounts for computing disallowance under Section 14A:
The Ld. CIT(A) directed the AO to rework the disallowance under Section 14A r.w. Rule 8D, considering only specific interest amounts. The Tribunal confirmed the exclusion of &8377; 16.22 crores from the disallowance calculation as this interest was directly attributable to business activities, not investments. However, the Tribunal disagreed on the inclusion of the remaining interest amount of &8377; 1.83 crores, directing the AO to rework the disallowance accordingly.

Issue 3: Disallowance of administrative expenses:
The Ld. CIT(A) confirmed the disallowance of administrative expenses amounting to &8377; 1,77,63,830/-. The assessee contested this decision, arguing that the net worth exceeded investments, thus no disallowance was warranted. The Tribunal noted the absence of specific findings on net worth and SPV creation in the assessment order and directed the issue back to the AO for fresh consideration. The AO was instructed to verify the net worth, SPV creation, and interest income/expenses, allowing the assessee to provide supporting details.

Issue 4: Invocation of Section 14A(2) and computation of book profit under Section 115JB:
Regarding the computation of book profit under Section 115JB, the Ld. CIT(A) directed the AO to adjust the Book Profit based on the revised disallowance calculation. The Tribunal, having set aside the disallowance issue, instructed the AO to reconsider the Book Profit adjustments after affording the assessee a fair hearing. The appeals by both the assessee and the Revenue were partly allowed for statistical purposes.

This detailed analysis of the legal judgment highlights the key issues addressed by the Appellate Tribunal ITAT Mumbai regarding the applicability of Section 14A, consideration of interest amounts, disallowance of administrative expenses, and computation of book profit under relevant sections.