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2021 (5) TMI 1004 - HC - Income TaxDisallowance u/s 14A r.w.r. 8D - Whether Tribunal is right in remanding back the issue to assessing authority with a direction to allow the relief as the assessee do not have exempt income and as such no disallowance can be made under Section 14A read with Rule 8D contrary to provisions of Section 14A and Rule 8D and Circular No.5/2014 dated 11.2.2014 ? - HELD THAT - The object of Section 14A is to curb the practice to claim deduction of expenses incurred in relation to exempt income against taxable income and at the same time avail of the tax incentive by way of exemption of exempt income without making any apportionment of expenses incurred in relation to exempt income. The High Court of Madras in M/S. CHETTINAD LOGISTICS PVT. LTD. 2017 (4) TMI 298 - MADRAS HIGH COURT has relied on the decision of in COMMISSIONER OF INCOME TAX VS. WALFORT SHARE AND STOCK BROKERS 2020 (10) TMI 518 - KARNATAKA HIGH COURT wherein it has been held that Section 14A is relatable to income of actual income or not notional or anticipated income. Therefore, the conclusion arrived at by us in M/S NOVEL SOFTWARE INDIA (P) LTD. 2021 (2) TMI 145 - KARNATAKA HIGH COURT is affirmed but for different reasons. As also clarified by us that while recording the conclusion in KINGFISHER FINVEST LTD. 2020 (10) TMI 518 - KARNATAKA HIGH COURT that disallowance under Section 14A has to be made even taxpayer has not earned any exempt income, this court has misread the ratio of the decision of the Supreme Court in MAXOPP INVESTMENT LTD 2018 (3) TMI 805 - SUPREME COURT and therefore, the aforesaid view being contrary to the law laid down by the Supreme Court is not a binding precedent. - Decided in favour of assessee.
Issues Involved:
1. Applicability of Section 14A and Rule 8D of the Income Tax Act in cases where no exempt income is earned. 2. Determination of expenditure incurred in relation to income not includible in total income. 3. Treatment of forward contracts and foreign exchange fluctuations as business expenditure or speculative loss. Issue-wise Detailed Analysis: 1. Applicability of Section 14A and Rule 8D: The primary issue revolved around whether the Tribunal was correct in remanding the issue to the assessing authority with directions to allow relief as the assessee did not have exempt income, thereby questioning the applicability of Section 14A read with Rule 8D. The Court referenced a previous judgment in ITA No.133/2015 where the same question was answered in favor of the assessee. It was noted that for the Assessment Year 2009-10, the assessee had not earned any dividend income, a fact undisputed by the revenue. The Court clarified that Circular No.5/2014 dated 11.02.2014, which mandates disallowance under Section 14A even without exempt income, does not have retrospective application and hence was not applicable for the Assessment Year 2009-10. The Court also referenced the Supreme Court’s decision in Maxopp Investment Ltd., which emphasized that Section 14A is applicable only to actual income and not notional or anticipated income. Consequently, the Court concluded that the provisions of Section 14A do not apply when no exempt income has accrued to the assessee. 2. Determination of Expenditure Under Section 14A: The Court discussed the statutory provisions of Section 14A, which disallows deductions for expenditures incurred in relation to income not includible in total income. The Assessing Officer must determine the amount of such expenditure if not satisfied with the correctness of the assessee's claim. The Court highlighted that only expenses proportionate to the earning of exempt income could be disallowed under Section 14A, reaffirming the principle that the provision is related to the earning of actual income. This interpretation aligns with the Supreme Court's ruling in Maxopp Investment Ltd., which clarified that Section 14A aims to prevent the practice of claiming deductions for expenses related to exempt income against taxable income. 3. Treatment of Forward Contracts and Foreign Exchange Fluctuations: The Court examined the nature of forward contracts and foreign exchange fluctuations, determining whether they should be treated as business expenditure or speculative loss. The Tribunal had previously held that forward contracts entered by the assessee to hedge against foreign exchange fluctuations were in the nature of hedging contracts, creating a binding obligation on the assessee. The Tribunal noted that the accounting treatment was in accordance with Accounting Standards and ICAI Guidelines, and the loss due to foreign exchange fluctuations was incidental to the assessee's course of business, thus constituting a business loss rather than a speculative loss. The Court upheld this view, referencing the Supreme Court’s decision in Woodward Governor India Pvt. Ltd., which supported the deduction of such losses as business expenditure. Conclusion: The Court dismissed the appeal, answering the substantial questions of law in favor of the assessee and against the revenue. It affirmed that no disallowance under Section 14A is warranted in the absence of exempt income and that losses from forward contracts due to foreign exchange fluctuations should be treated as business losses. The Court also clarified any misinterpretations in previous judgments to ensure consistency with the Supreme Court’s rulings. Consequently, ITA Nos. 350 and 351 of 2018 were also dismissed.
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