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2015 (11) TMI 1787 - AT - Income TaxDisallowance of interest u/s 14A r.w.r. 8D - recording no satisfaction with regard to the incorrectness of claim of the assessee having regard to the accounts of the assessee having no such evidence or material brought - HELD THAT - Even though the AO has made the disallowance by relying on the provisions of section 14A but he did not comply with the conditions as stipulated in section 14A(2). He has not recorded any satisfaction with regard to the incorrectness of claim of the assessee having regard to the accounts of the assessee having no such evidence or material brought to my notice by the ld. D/R which may show that the AO has given a finding on the basis of accounts maintained by the assessee that he is not satisfied with the claim of the assessee. Even the AO has not recorded the satisfaction as regards to the claim of the assessee. He is bound to compute the disallowance in accordance with such method as may be prescribed. In this regard it is the rule 8D which has been notified with effect from 24.03.2008. The assessment year involved is the assessment year 2009-10 - No whisper whatsoever by the AO or by the D/R that the AO has computed the disallowance by applying Rule 8d. - Decided in favour of assessee.
Issues involved: Disallowance of interest under section 14A.
Analysis: The appeal was filed against the order of the ld. CIT (A) regarding the disallowance of interest under section 14A amounting to Rs. 6,00,000. The assessee, a private limited company, declared a loss of Rs. 4,92,080 and the assessment was completed by disallowing interest under section 14A from the investment in share application money. The AO noted that the assessee paid interest on the investment made against the share application money, but no shares were allotted against it. The AO disallowed the interest under section 14A without complying with the conditions stipulated in the section. Sub-sections of section 14A empower the AO to determine and disallow expenditure incurred in relation to income not forming part of the total income. However, in this case, the AO did not record any satisfaction with regard to the incorrectness of the claim of the assessee or apply Rule 8D, which was notified for computation of disallowance. As the AO did not follow the prescribed method for disallowance, the Tribunal set aside the order of the ld. CIT (A) and allowed the appeal filed by the assessee. The Tribunal found that the AO did not comply with the conditions stipulated in section 14A(2) for disallowing interest under section 14A. Despite relying on section 14A, the AO did not record any satisfaction regarding the incorrectness of the claim of the assessee or apply Rule 8D for computation of disallowance. As Rule 8D was notified and applicable for the assessment year in question, the AO's failure to apply it rendered the disallowance invalid. The Tribunal emphasized that the AO must follow the prescribed method for disallowance under section 14A, and in the absence of such compliance, no disallowance can be made. Consequently, the Tribunal set aside the order of the ld. CIT (A) and allowed the appeal filed by the assessee. The Tribunal's decision was based on the lack of compliance by the AO with the provisions of section 14A and Rule 8D for disallowance of interest under section 14A. Despite the assessee not claiming any disallowance in relation to the investment made, the AO disallowed the interest without following the prescribed method. The Tribunal highlighted that the AO must record satisfaction regarding the incorrectness of the claim of the assessee and compute the disallowance in accordance with the prescribed method, especially Rule 8D. Since the AO failed to do so in this case, the Tribunal concluded that no disallowance could be made, leading to the allowance of the appeal filed by the assessee.
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