2017 (2) TMI 1418 - AT - Income Tax

Disallowance u/s 14A - investment made by the assessee in tax free securities comprise substantial amount of investment made in the group companies for strategic reasons - limited prayer of the assessee is that for making disallowance u/s 14A, this strategic investment should be excluded and disallowance can be made only on the balance amount of investment placing reliance on KOTAK MAHINDRA CAPITAL COMPANY LIMITED 2015 (1) TMI 1289 - ITAT MUMBAI , JM FINANCIAL CONSULTANTS PVT. LTD. (NOW KNOWN AS JM FINANCIAL INSTITUTIONAL SECURITIES P. LTD.) 2015 (11) TMI 1061 - ITAT MUMBAI and CHEMINVEST LIMITED 2015 (9) TMI 238 - DELHI HIGH COURT HELD THAT - This issue has been decided in favour of the assessee in the judgements relied upon before us. Therefore, accepting the request of the assessee, we send this issue back to the file of AO for giving opportunity to the assessee to submit details of strategic investments. The Assessee shall place on record requisite details to satisfy the AO about the strategic investment. The AO shall exclude the amount of strategic investments and the disallowance u/s 14A shall be made on the balance amount of investment.

Summary

Issues: Disallowance u/s 14A

Issue I: Disallowance u/s 14A
The appeal was filed against the order of the Commissioner of Income Tax (CIT) upholding the addition made by the Assessing Officer (AO) under section 14A against Dividend Income earned. The appellant contended that in the absence of expenses directly or indirectly related to earning income, the 14A addition should not have been made. The appellant also argued that only shares and mutual funds on which dividend was received should be considered for disallowance under Rule 8D. The Tribunal noted the appellant's argument that strategic investments in group companies should be excluded from disallowance u/s 14A, citing relevant judgments. The Tribunal, in line with the appellant's submission, directed the AO to allow the assessee to submit details of strategic investments and exclude the amount of strategic investments from the disallowance calculation, making the disallowance only on the balance amount of investment.

Analysis:
The primary issue in this appeal pertained to the disallowance made under section 14A of the Income Tax Act. The appellant challenged the addition made by the AO against Dividend Income earned, arguing that no expenses directly or indirectly related to earning income were present, thus questioning the validity of the 14A addition. Additionally, the appellant contended that only shares and mutual funds receiving dividends should be considered for disallowance under Rule 8D. The Tribunal considered the appellant's submission regarding strategic investments in group companies and their exclusion from the disallowance calculation. Citing relevant judgments, the Tribunal agreed with the appellant's argument and directed the AO to allow the assessee to provide details of strategic investments. The AO was instructed to exclude the strategic investments amount from the disallowance calculation, thereby making the disallowance only on the remaining investment balance. The Tribunal's decision to partially allow the appeal was based on the need to consider strategic investments separately for the purpose of disallowance under section 14A, highlighting the importance of providing detailed information to support such exclusions.

This comprehensive analysis of the judgment provides a detailed overview of the issues involved, the arguments presented, and the Tribunal's decision, ensuring a thorough understanding of the legal nuances and implications of the case.