2019 (3) TMI 1863 - HC - Income Tax

Remand order - Calculation of average investments (confined to the income generating part thereof) - exclusion of tax exempt income derived from strategic investments - HELD THAT - The observation of the ITAT on the latter aspect i.e. exclusion of tax exempt income derived from a strategic investments is not a correct view in the light of the decision of the Supreme Court in Maxopp Investment Ltd. Vs. Commissioner of Income Tax 2018 (3) TMI 805 - SUPREME COURT . Accordingly the observations of the ITAT on this aspect are set aside. Observations with respect to the calculation of disallowance under Section 14A being confined to investments that derived tax exempt income are valid in the light of the Division Bench ruling in ACB India Ltd. v. ACIT 2015 (4) TMI 224 - DELHI HIGH COURT . ITAT s order to the extent that it makes observations with respect to exclusion of income derived from strategic investments is hereby set aside. Appeal partly allowed.

Summary

Issues:
1. Correctness of the remand made by the ITAT on the calculation of average investments and exclusion of tax exempt income derived from strategic investments.

Analysis:
The High Court addressed the appeal concerning the correctness of the remand made by the ITAT. The ITAT's remand was focused on two aspects: the calculation of average investments and the exclusion of tax exempt income derived from strategic investments. The Revenue challenged the remand, particularly questioning the exclusion of tax exempt income from strategic investments. The High Court noted that the ITAT's decision to exclude tax exempt income from strategic investments was not in line with the Supreme Court's ruling in Maxopp Investment Ltd. vs. Commissioner of Income Tax. Therefore, the High Court set aside the ITAT's observations on this aspect. However, the ITAT's observations regarding the calculation of disallowance under Section 14A, limited to investments generating tax exempt income, were deemed valid based on the Division Bench ruling in ACB India Ltd. v. ACIT.

In conclusion, the High Court partially allowed the appeal, setting aside the ITAT's order concerning the exclusion of income derived from strategic investments. The clarification provided by the High Court emphasized the importance of aligning decisions with relevant legal precedents and rulings.