2016 (1) TMI 1386 - AT - Income Tax

Disallowance u/s 14A - Held that - We find that the Hon ble Court has in the case of Godrej Agrovet Ltd.(2014 (8) TMI 457 - BOMBAY HIGH COURT) Nhas laid down certain guidelines with regard to disallowance to be made u/s.14A of the Act r.w. rule 8D. In our opinion, in the interest of justice the matter should be restored back to the file of the AO for fresh adjudication. He is directed to decide the issue after affording a reasonable opportunity of hearing to the assessee and after the considering the cases relied upon by the AR before us ,including the matter of Godrej Agrovet Ltd.(supra). Effective ground of appeal is decided in favour of the assessee, in part .

Summary

Issues: Delay in filing appeal, Disallowance under section 14A, Applicability of Rule 8D, Fresh adjudication by AO.

Delay in filing appeal: The appellant challenged the order of CIT-4, Mumbai, with a delay of 430 days in filing the appeal. The director of the company explained that the delay was due to the employee handing over papers late to the tax consultant. The Assessing Officer (AO) confirmed the reasons for the delay were genuine. The Tribunal found reasonable cause for the delay and condoned it.

Disallowance under section 14A: The AO disallowed &8377; 28.87 lakhs under section 14A as the assessee earned dividend income but did not disallow any expenditure for earning it. The FAA enhanced the disallowance to &8377; 63.63 lakhs invoking Rule 8D. The appellant argued Rule 8D was not applicable for the relevant assessment year, citing precedents. The Tribunal agreed, referring to the Godrej Boyce judgment, and directed the AO to reconsider the issue based on guidelines from relevant cases.

Applicability of Rule 8D: The Tribunal held that Rule 8D could not be applied for the year under appeal, contrary to the FAA's decision based on the Daga Capital Management case. Citing the Godrej Boyce judgment and guidelines from the Godrej Agrovet Ltd. case, the Tribunal directed fresh adjudication by the AO, considering the arguments presented by the appellant.

Fresh adjudication by AO: The matter was remanded to the AO for a fresh decision after considering the precedents and guidelines provided by the appellant. The AO was instructed to afford a reasonable opportunity for the assessee to present their case. The Tribunal ruled in favor of the appellant in part, allowing the appeal partially and directing a fresh assessment by the AO.