2017 (8) TMI 1620 - AT - Income Tax

Disallowance u/s.14A r.w.r 8D of the Rules - HELD THAT - If the assessee has invested in its sister concerns for strategically reasons from its own interest free capital and reserves then provisions of Section 14A of the Act will not be applicable because prima facie Section 14A warrants that the assessee should have incurred some expenditure in relation to the income which does not form part of the total income under the Act. There will be no overhead cost to the assessee when it decides to invest in its own sister companies for strategic reasons at least in the case of the assessee firm before us. However if the assessee had made such investments out of its interest bearing funds then the interest cost will be directly attributable to such investments and cannot be claimed as deduction from any other activities of the assessee bearing taxable income. Since the Ld.AR had pointed out to us that the assessee had made the investments in its sister concerns for strategic reasons out of its own interest free funds we find it appropriate to remit the matter back to the file of Ld.AO for fresh consideration and to pass appropriate order in accordance with law and merit and based on our above mentioned observations. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
Disallowance under Section 14A r.w.r 8D of the Rules.

Analysis:
The appeal was against the order of the Ld. Commissioner of Income Tax (Appeals) confirming the disallowance made by the Ld. Assessing Officer under Section 14A r.w.r 8D of the Rules amounting to Rs. 35,55,637. The assessee, a firm engaged in loan business, initially filed a return showing 'Nil' income for the assessment year 2013-14, which was later scrutinized. The Ld. CIT(A) upheld the disallowance made by the Ld. AO. The crux of the issue was the applicability of Section 14A, which requires an assessee to incur expenditure related to income not forming part of the total income under the Act. The Ld. AR argued that investments in sister concerns were made from interest-free capital, hence Section 14A should not apply. The Tribunal found that if investments were made from interest-free funds for strategic reasons, Section 14A would not be applicable as there would be no overhead cost to the assessee. However, if investments were made from interest-bearing funds, the interest cost would be directly attributable to such investments. The Tribunal remitted the matter back to the Ld. AO for fresh consideration based on these observations.

The Tribunal emphasized that if investments were made in sister concerns for strategic reasons from interest-free funds, Section 14A would not apply as there would be no overhead cost to the assessee. The decision highlighted the importance of the source of funds used for investments in determining the applicability of Section 14A. The Tribunal directed the Ld. AO to pass an appropriate order based on this clarification and in accordance with the law and merits of the case.

The Tribunal allowed the appeal of the assessee for statistical purposes, indicating that the matter was remitted back to the Ld. AO for fresh consideration based on the clarification provided regarding the applicability of Section 14A in relation to investments made by the assessee in its sister concerns. The decision was pronounced on 28th August 2017 in Chennai.