2018 (7) TMI 1994 - AT - Income Tax

Income from house property - not allowing the deduction in respect of expenses incurred on providing amenities to tenants - HELD THAT - CIT(A) has given a direction to the AO to proceed in the matter after obtaining the necessary evidences. In our opinion, the direction given by Ld. CIT(A) is vague and not clear. We are, therefore, modify direction given by the Ld. CIT(A) to AO to allow the expenses as in the earlier year by calculating the same by taking the current year s figure. The AO is directed accordingly and grounds 1 2 are allowed. Addition u/s 14A read with rule 8D(2)(iii) - whether the investments which did not yield any dividend were not excluded while calculating the disallowance? - HELD THAT - AO has included those investments which yielded no exempt income during the year for the purpose of calculation of disallowance under Rule 8D(2)(iii) which in our opinion is wrong and against the ratio laid down by the Delhi Special Bench in the case of ACIT vs. Vireet Investments Pvt. Ltd. 2017 (6) TMI 1124 - ITAT DELHI as decided that investments not yielding any income during the year have to be excluded for the calculation of average investments and only thereafter the 0.5% has to be applied. We, therefore, respectfully following the special bench decision, direct the AO to work out the disallowance by excluding the investments which yielded no exempt income during the year. The ground is allowed. MAT - computation of book profit under section 115JB - CIT-A not directing the AO to exclude those investments which yielded no dividend during the year - HELD THAT - This issue stands covered by the Special Bench, ITAT Delhi in the case of ACIT vs. Vireet Investments Pvt. Ltd. (supra). Thus we direct the AO to follow the decision of the Hon ble Special Bench and decide the issue accordingly after providing adequate opportunity of being heard to the assessee

Summary

Issues:
1. Deduction of expenses incurred on providing amenities to tenants under "Income from House Property."
2. Application of Section 14A for investments held by the appellant.
3. Disallowance under Section 14A read with Rule 8D(2)(iii).
4. Exclusion of investments not yielding dividends while computing disallowance.
5. Addition while computing book profit under Section 115JB.

Issue 1 - Deduction of Expenses on Amenities to Tenants:
The appellant contested the Ld. CIT(A)'s decision not to allow a deduction of Rs. 2,52,543 for expenses on tenant amenities under "Income from House Property." The AO disallowed the claimed expenses as they exceeded statutory deductions. The Ld. CIT(A) partially allowed the appeal, citing a previous decision. The tribunal found the Ld. CIT(A)'s direction to the AO vague and modified it to allow the expenses as in the earlier year, based on the current year's figures.

Issue 2 - Application of Section 14A for Investments:
The appellant challenged the disallowance of Rs. 62,87,653 under Section 14A read with Rule 8D(2)(iii) by the AO and Ld. CIT(A). The AO calculated the disallowance based on total investments, including those not yielding dividends. The tribunal held that investments not yielding income should be excluded while calculating disallowance, following a Special Bench decision. The AO was directed to recalculate the disallowance accordingly.

Issue 3 - Disallowance under Section 14A and Rule 8D(2)(iii):
The dispute centered on the disallowance of expenses by the AO under Rule 8D(2)(iii) for investments not yielding dividends. The Ld. CIT(A) upheld the AO's decision, emphasizing the potential for future exempt income from such investments. The tribunal, relying on the Special Bench decision, directed the AO to exclude investments not yielding exempt income while computing the disallowance.

Issue 4 - Addition in Book Profit Calculation under Section 115JB:
The appellant contested the addition of Rs. 62,87,653 in book profit under Section 115JB, arguing for the exclusion of investments not yielding dividends. The tribunal directed the AO to follow the Special Bench decision and decide the issue after providing a hearing to the assessee. Grounds 7 & 8 were allowed for statistical purposes.

In conclusion, the tribunal partially allowed the appellant's appeal, directing the AO to reconsider the disallowance under Section 14A, exclude non-dividend yielding investments, and follow the Special Bench decision for book profit calculation under Section 115JB.