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2019 (2) TMI 1956 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - amount of suo moto computed by the assessee in the return income - non recording of satisfaction by AO - HELD THAT - There is no satisfaction recorded by the AO while computing the disallowance that how the suo moto disallowance made by the assessee is wrong. Secondly also agree with the argument of the learned Counsel that the disallowance under section 14A of the Act can be reduced below the amount suo moto computed by the assessee in the return of income as it has not to be charged to tax in any case. This view has already been taken by this Tribunal in the case of Sajjan India Ltd. 2017 (12) TMI 47 - ITAT MUMBAI hence, we direct the AO to restrict the addition to the extent of revised computation of suo moto disallowance by the assessee i.e. only Rs. 20, 18, 394/- in respect to shares which has yielded dividend income. MAT computation u/s 115JB - As regards to the computation of book profit under section 115JB of the Act no disallowance can be made in relation to exempt income by invoking the provisions of section 14A of the Act read with Rule 8D of the Rules. Hence, also direct the AO to delete the addition while computing book profit. Accordingly the appeal of the assessee is decided and partly allowed.
Issues Involved:
1. Disallowance of expenses related to exempt income under Section 14A of the Income Tax Act, read with Rule 8D of the Income Tax Rules. 2. Satisfaction of the Assessing Officer (AO) regarding the correctness of the assessee's disallowance. 3. Strategic investments and their treatment for disallowance purposes. 4. Minimum disallowance amount as computed by the assessee. 5. Applicability of Rule 8D disallowance in computing book profits under Section 115JB. Detailed Analysis: 1. Disallowance of Expenses Related to Exempt Income: The primary issue in this appeal is the disallowance of expenses related to exempt income under Section 14A of the Income Tax Act, read with Rule 8D of the Income Tax Rules. The assessee had earned a dividend income of Rs. 18,76,89,600 and made a suo moto disallowance of Rs. 43,68,365 under Section 14A while computing the total income. The AO computed the disallowance at Rs. 82,28,143 and after considering the assessee's disallowance, worked out the final disallowance at Rs. 38,59,778, which was further restricted to Rs. 13,11,907 due to the lower expenditure debited in the Profit & Loss Account. 2. Satisfaction of the Assessing Officer: The assessee argued that the AO did not record any satisfaction regarding the correctness of the assessee's disallowance before invoking the provisions of Section 14A read with Rule 8D. The AO's assessment order indicated dissatisfaction with the assessee's disallowance without providing objective satisfaction. The Tribunal referred to the Supreme Court's decision in Maxopp Investment Ltd. vs. CIT, which mandates that the AO must record satisfaction regarding the incorrectness of the assessee's disallowance before applying Rule 8D. 3. Strategic Investments: The assessee contended that the investments were strategic, made for holding controlling stakes in group companies, and not for earning dividend income, which was incidental. The Tribunal noted the importance of considering the nature of investments and the purpose behind them while determining the disallowance under Section 14A. 4. Minimum Disallowance Amount: The CIT(A) had directed the AO to recompute the disallowance under Section 14A read with Rule 8D but clarified that it could not be less than Rs. 43,68,365, the amount disallowed by the assessee suo moto. The Tribunal, however, referred to the decision in Sajjan India Ltd. vs. ACIT, which held that disallowance under Section 14A could be lower than the amount computed by the assessee if justified. 5. Applicability of Rule 8D in Computing Book Profits: The Tribunal also addressed the issue of whether disallowance under Rule 8D applies while computing book profits under Section 115JB. The Tribunal referred to the Special Bench decision in Vireet Investment Private Limited, which held that disallowance under Section 14A read with Rule 8D does not apply to the computation of book profits under Section 115JB. Conclusion: The Tribunal found that the AO did not record the requisite satisfaction regarding the incorrectness of the assessee's disallowance. It also agreed that the disallowance could be lower than the amount computed by the assessee. Consequently, the Tribunal directed the AO to restrict the disallowance to Rs. 20,18,394, the revised computation by the assessee. Additionally, the Tribunal held that no disallowance under Section 14A read with Rule 8D should be made while computing book profits under Section 115JB. The appeal was partly allowed, providing relief to the assessee on these grounds.
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