2016 (2) TMI 373 - AT - Income Tax

Disallowance u/s 14A - no separate books of account are maintained for taxable income and exempt income. - Held that - Addition u/s.14A only the expenditure which has been proved to have been incurred in relation to the earning of tax free income can be disallowed and the section cannot be extended to disallow even expenditure which is assumed to have been incurred for the purpose of earning the tax free income. It has further been held that common expenditure at the head office etc. cannot be broken up artificially to attribute or apportion a part thereof to the earning of the tax free income on the assumption that such part of the common expenditure was incurred in relation to the tax free dividend income. However, it is also a fact that no separate books of account are maintained for taxable income and exempt income. The assessee has prepared one common profit and loss account. Therefore, it cannot be said that no expenditure has been incurred at all for earning the exempt income. However, considering the fact that out of total dividend income of ₹ 2.34 crores an amount of ₹ 2.32 crores are received from 3 group companies and an amount of ₹ 1.40 lakh has been earned on shares held for trading activities, disallowance of ₹ 4,77,740/- appears to be on the higher side. Various Benches of the Tribunal are taking the view that some expenditure on account of administrative expenses has to be disallowed on reasonable estimate basis under such circumstances. Considering the totality of the facts of the case, disallowance of ₹ 50,000/- on estimate basis under the facts and circumstances of the case in our opinion will meet the ends of justice. We hold and direct accordingly. - Decided partly in favour of assessee.

Summary

Issues Involved:
1. Disallowance of Rs. 4,77,740/- under section 14A of the Income Tax Act.
2. Applicability of Rule 8D for Assessment Year 2007-08.
3. Nexus between the expenditure incurred and the exempt income.

Detailed Analysis:

1. Disallowance of Rs. 4,77,740/- under section 14A of the Income Tax Act:
The assessee, a company engaged in investment and trading in shares, declared a loss of Rs. 14,34,649/- in its return of income. The Assessing Officer (AO) noted that the assessee had exempt income under section 10(34) amounting to Rs. 2,33,49,307/- but had not attributed any expenditure towards earning this exempt income. The AO disallowed Rs. 4,77,740/- under section 14A, which was upheld by the CIT(A). The AO relied on the decision of the Special Bench of the Tribunal in the case of Daga Capital Management Pvt. Ltd. and Others, holding that Rule 8D has retrospective effect. The disallowance was quantified under Sub Rule (iii) of Rule 8D at 0.5% of the average value of investments.

2. Applicability of Rule 8D for Assessment Year 2007-08:
The assessee contended that Rule 8D was applicable only from Assessment Year 2008-09 onwards, as per the Hon'ble Bombay High Court decision in Godrej & Boyce Mfg. Co. Ltd. Vs. DCIT. The CIT(A) agreed that Rule 8D was not applicable for the impugned assessment year but upheld the disallowance under section 14A, stating that the AO was justified in invoking the provisions of section 14A.

3. Nexus between the expenditure incurred and the exempt income:
The assessee argued that no expenditure was directly incurred for earning the exempt income and that the AO had not established any nexus between the investments made to earn the exempt income and the expenditure claimed. The assessee emphasized that out of the total tax-free dividend, Rs. 2,32,09,107/- was received from three group companies, and the remaining Rs. 1,40,200/- was incidental to share trading activities. The CIT(A) held that since the assessee prepared a common profit and loss account, there was a dominant and immediate connection between the expenditure incurred and the exempt income. However, the Tribunal found merit in the assessee's argument that the AO had not brought any material to show that the assessee actually incurred any expenditure for earning the exempt income. The Tribunal referred to the Delhi Bench decision in Wimco Seedlings Ltd., which held that only the expenditure proven to have been incurred in relation to the earning of tax-free income can be disallowed under section 14A.

Conclusion:
The Tribunal concluded that while some expenditure on account of administrative expenses must be disallowed on a reasonable estimate basis, the disallowance of Rs. 4,77,740/- was on the higher side. Considering the facts, including that a significant portion of the dividend was received from group companies and the remaining from trading activities, the Tribunal directed a disallowance of Rs. 50,000/- on an estimate basis. The appeal filed by the assessee was partly allowed.