2015 (8) TMI 117 - AT - Income Tax

Disallowance under Sec. 14A r.w. Rule 8D - CIT(A) deleted part addition - Held that - DR could not controvert the finding of the fact by the Ld. CIT(A) that the interest has been paid on term loan taken for the purchase of the fixed assets and therefore there cannot be any disallowance of interest as the Ld. CIT(A) has categorically stated that no direct expenditure has been incurred. We, therefore, decline to interfere with the addition sustained by the Ld. CIT(A) and simultaneously we also decline to interfere with the deletion of the addition made by the Ld. CIT(A). - Decided against revenue.

Summary

Issues:
1. Allocation of expenses between 80IB and non-80IB units.
2. Denial of opportunity to the AO before admitting new facts.
3. Disallowance of interest subsidy.
4. Disallowance of interest payment under section 43B.
5. Addition made under section 68 of the Act.
6. Deletion of addition made under section 14A of the Act.

Allocation of Expenses:
The Revenue raised grounds related to the allocation of expenses like interest, depreciation, and finance charges between 80IB and non-80IB units. The CIT(A) considered these issues and found that interest and finance charges incurred on term loans were specific to a particular unit and could not be reallocated. Similarly, depreciation of a unit could not be reallocated to others. The CIT(A) agreed with the AO on allocating selling and administrative expenses based on turnover but deleted reallocations of interest, finance charges, and depreciation. The Tribunal declined to interfere with the CIT(A)'s findings, dismissing the relevant grounds.

Denial of Opportunity:
The Revenue's ground regarding denial of opportunity to the AO before admitting new facts was dismissed as the DR failed to identify any new facts considered by the CIT(A) that deprived the AO of commenting on them.

Disallowance of Interest Subsidy:
Regarding the disallowance of interest subsidy, the CIT(A) reviewed ledger accounts and found the AO had not understood the accounts or verified if the subsidy was taxed in earlier years. The CIT(A) deleted the disallowance, emphasizing that once taxed on an accrual basis, the subsidy could not be taxed again on receipt. The Tribunal upheld the CIT(A)'s decision, dismissing the related ground.

Disallowance of Interest Payment:
The CIT(A) deleted the addition of interest payment under section 43B as the AO did not provide a reason for the disallowance. The Tribunal upheld this decision, dismissing the relevant ground.

Addition under Section 68:
The AO added an amount under section 68 due to an unsecured loan. The CIT(A) deleted the addition based on explanations and the decision in CIT Vs Lovely Exports. The Tribunal, finding no reason to interfere, dismissed the related ground.

Deletion of Addition under Section 14A:
The AO computed a disallowance under section 14A, which the CIT(A) reduced significantly based on fixed asset-related interest expenditure. The Tribunal upheld the CIT(A)'s decision, noting that no direct expenditure was incurred for disallowance. The Revenue's appeal was dismissed, affirming the deletion of the addition under section 14A.