2018 (1) TMI 1629 - HC - Income Tax

Disallowance u/s 14A r.w.r. 8D - As argued assessee has reserves and surplus far in excess of the investment made in the year during the relevant assessment year - HELD THAT - As decided in own case 2017 (8) TMI 1449 - RAJASTHAN HIGH COURT we do not find any mention of the reasons which had prevailed upon the Assessing Officer, while dealing with the Assessment Year 2002- 2003, to hold that the claims of the Assessee that no expenditure was incurred to earn the dividend income cannot be accepted and why the orders of the Tribunal for the earlier Assessment Years were not acceptable to the AO, particularly, in the absence of any new fact or change of circumstances. Neither any basis has been disclosed establishing a reasonable nexus between the expenditure disallowed and the dividend income received. That any part of the borrowings of the Assessee had been diverted to earn tax free income despite the availability of surplus or interest free funds available remains unproved by any material whatsoever. While it is true that the principle of res judicata would not apply to assessment proceedings under the Act, the need for consistency and certainty and existence of strong and compelling reasons for a departure from a settled position has to be spelt out which conspicuously is absent in the present case. - Decided in favour of the assessee

Summary

Issues:
Challenging Tribunal's order on disallowance under Section 14A by applying rule 8D without justification.

Analysis:

Issue 1: Challenging Tribunal's Order
The appellants challenged the Tribunal's judgment partly allowing the assessee's appeal. The High Court admitted two appeals, framing substantial questions of law regarding the justification of upholding the disallowance under Section 14A by applying rule 8D without proper reasoning. The issue was found to be covered by a previous decision of the Court in M/s. Vijay Solvex Ltd. vs. The Income Tax Appellate Tribunal, where the Supreme Court's decision in Godrej & Boyce Manufacturing Company Ltd. vs. Deputy Commissioner of Income Tax was cited. The Court emphasized the requirement for proof of actual expenditure incurred in earning dividend income to trigger Section 14A(1) of the Act.

Issue 2: Application of Rule 8D
The Court noted that the Assessing Officer failed to provide reasons for rejecting the assessee's claim that no expenditure was incurred to earn dividend income, especially without any new facts or changes in circumstances. The lack of a reasonable nexus between the disallowed expenditure and the dividend income received was highlighted. The Court also pointed out the absence of evidence proving that any part of the borrowings had been diverted to earn tax-free income despite having surplus or interest-free funds available. The principle of res judicata was discussed, emphasizing the need for consistency and strong reasons for deviating from a settled position.

Conclusion
The Court ruled in favor of the assessee, stating that the issues were answered in favor of the assessee and against the department. Both appeals were allowed, and the order was directed to be placed in the connected file. The judgment provided a detailed analysis of the application of Section 14A and rule 8D, emphasizing the necessity for a clear nexus between disallowed expenditure and dividend income, as well as the importance of consistency in tax assessment proceedings.