2016 (1) TMI 611 - AT - Income Tax

Disallowance u/s 14A - CIT(A) computing interest pertaining to tax free income as per Rule 8D(2)(ii) of the IT Rules 1962 - Held that - CIT(A) s order upheld in relation to the working of interest under the provisions of section 14A of the Act concluding i) The disallowance under Rule 8D will be calculated on the figure of investments only without taking stock in trade in the figure as investment ii) The amount of interest should be taken at an amount of ₹ 1,16,79,274/- after deducting ₹ 20,61,185/- and ₹ 53,62,859/- for the purposes of Rule 8D(2)(ii). iii) The disallowance is to be calculated by taking denominator of ₹ 37,02,71,649/- as total assets and not as ₹ 32,06,90,060/- of net assets. - Decided against revenue

Summary

Issues:
1. Computation of interest pertaining to tax-free income under Rule 8D(2)(ii) of the IT Rules 1962.

Analysis:
The appeal before the Appellate Tribunal ITAT Kolkata arose from the order of the Commissioner of Income Tax (Appeals)-VI, Kolkata for the assessment year 2009-10. The issue to be decided was whether the Ld. CIT(A) erred in computing interest related to tax-free income as per Rule 8D(2)(ii) of the IT Rules 1962. The appellant, a Private Limited Company engaged in various financial activities, declared dividend income during the year. The Assessing Officer (AO) disallowed interest expenses under section 14A of the Income Tax Act, but the Ld. CIT(A) directed a re-computation of the disallowance. The AO's calculation error was noted, and the Ld. CIT(A) specified the correct figures for the disallowance. The Revenue challenged this order before the Tribunal.

The Tribunal considered the submissions of both parties and analyzed the provisions of Rule 8D(2)(ii). It was noted that the disallowance should be calculated based on the average value of investments, excluding stock in trade, and the total assets without adjusting current liabilities. The correct calculation of average value of investments and total assets was crucial for determining the disallowance correctly. The Tribunal found no error in the Ld. CIT(A)'s order and dismissed the Revenue's appeal.

In conclusion, the Tribunal upheld the Ld. CIT(A)'s decision regarding the computation of interest pertaining to tax-free income under Rule 8D(2)(ii) of the IT Rules 1962. The correct interpretation of the provisions and accurate calculation of average values were essential for determining the disallowance accurately. The appeal by the Revenue was dismissed, and the order was pronounced on 13.11.2015.