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2015 (12) TMI 140 - AT - Income TaxDisallowance made u/s. 14A - Held that - As relying on Derive Trading Pvt. Ltd case 2014 (12) TMI 1152 - ITAT MUMBAI we direct the AO to recompute the disallowance u/s. 14A with the rider to the actual expenditure which can be attributable to the receipt or earning of the dividend income excluding the expenditure related to business activity of share trading. - Decided in favour of assessee for statistical purposes. Disallowance of Broken Period interest - Held that - Broken Period interest is allowable to assessee as relying on case of HDFC Bank Ltd. 2014 (8) TMI 119 - BOMBAY HIGH COURT - Decided in favour of assessee. Addition on account of amortization of premium on HTM Securities - Held that - Amortization of premium on HTM Securities is allowable to assessee as relying on case of HDFC Bank Ltd. 2014 (8) TMI 119 - BOMBAY HIGH COURT - Decided in favour of assessee.
Issues Involved:
1. Disallowance of expenses under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules, 1961. 2. Disallowance of Broken Period Interest. 3. Depreciation on leased assets. 4. Amortization of premium on HTM (Held to Maturity) securities. Issue-wise Detailed Analysis: 1. Disallowance of Expenses under Section 14A: The first issue pertains to the disallowance of expenses under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules, 1961. The Assessing Officer (AO) observed that the assessee had both exempt income yielding investments and business assets in the balance sheet and maintained a consolidated account. The assessee claimed that a disallowance of Rs. 99,865/- should suffice under Section 14A and argued that Rule 8D was not applicable. However, the AO computed the disallowance at Rs. 15,63,697/-. The CIT(A) upheld this disallowance. The Tribunal, after considering various judicial precedents, directed the AO to recompute the disallowance under Section 14A, restricting it to the actual expenditure attributable to earning dividend income, excluding business activity-related expenditure. The Tribunal emphasized that the disallowance should be scaled down to 5% of the amount calculated under Rule 8D(2)(ii) and 10% under Rule 8D(2)(iii). 2. Disallowance of Broken Period Interest: The second issue concerns the disallowance of Broken Period Interest amounting to Rs. 11,50,42,776/-. The AO disallowed this amount, considering it as part of the cost price of the securities acquired by the assessee. The CIT(A) upheld the AO's decision. However, the Tribunal referred to the decision of the Hon'ble Bombay High Court in the case of HDFC Bank Ltd. (366 ITR 505), which allowed the deduction of broken period interest. Following this precedent, the Tribunal directed the AO to delete the addition of Rs. 11,50,42,776/-. 3. Depreciation on Leased Assets: The third issue relates to the claim of depreciation on leased assets amounting to Rs. 27,09,894/-. The AO disallowed this claim, stating that the transactions were purely financial. The CIT(A) allowed the depreciation. The Tribunal noted that similar disallowances in earlier assessment years had been deleted by the Tribunal, allowing the assessee's claim for depreciation. Consequently, the Tribunal upheld the CIT(A)'s decision to allow the depreciation on leased assets. 4. Amortization of Premium on HTM Securities: The fourth issue involves the deletion of an addition of Rs. 10,64,19,514/- on account of amortization of premium on HTM securities. The AO disallowed this claim, stating there was no provision in the Act for such a deduction and referred to the Department's stand in the case of HDFC Bank. The CIT(A) allowed the deduction. The Tribunal referred to the decision of the Hon'ble Bombay High Court in the case of HDFC Bank Ltd. (366 ITR 505), which allowed the deduction for amortization of premium on HTM securities. Following this precedent, the Tribunal upheld the CIT(A)'s decision to allow the deduction. Conclusion: The appeal filed by the assessee was partly allowed, and the appeal filed by the Revenue was dismissed. The Tribunal directed the AO to recompute the disallowance under Section 14A and delete the addition of broken period interest. The Tribunal upheld the CIT(A)'s decision to allow depreciation on leased assets and the deduction for amortization of premium on HTM securities.
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