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2017 (6) TMI 1371 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - additional disallowance u/s. 14A qua investment where the amount is still lying in share application money pending allotment of shares - HELD THAT - DR has not been able to show any material difference in the facts and circumstances in the assessment year under appeal vis- -vis assessment year 2009-10, wherein these issues have been considered and adjudicated by the Co-ordinate Bench of the Tribunal in favour of the assessee. Following the decision of Co-ordinate Bench of the Tribunal, we allow ground No. 1 of the main grounds of appeal and the additional ground Nos. 1 to 3 raised by the assessee. We have also considered the judgment in the case of Pradeep Kar Vs. Assistant Commissioner of Income Tax 2009 (6) TMI 331 - KARNATAKA HIGH COURT We find that the facts in the said case are entirely different. The issue before the Hon ble High Court in said case was with respect to disallowance u/s. 14A on investment made in shares by using borrowed funds. In the backdrop of above facts the Hon ble Court held; u/s. 14A, expenditure relating to exempt income is not allowable. In our considered view, the above judgment does not support the case of Department.
Issues Involved:
1. Disallowance under Section 14A of the Income Tax Act. 2. Inclusion of share application money in tax-free investments. 3. Exclusion of investments not yielding tax-free income from disallowance computation. 4. Disallowance of interest and indirect expenditure under Section 14A. Issue-Wise Detailed Analysis: 1. Disallowance under Section 14A: The primary issue in the appeal was the disallowance of Rs. 2,66,79,558 under Section 14A read with Rule 8D. The assessee had already made a suo moto disallowance of Rs. 4,33,75,431 under the same provisions. The additional disallowance was made by the Assessing Officer (AO) concerning share application money pending allotment and investments in group concerns from which no dividend income was earned. 2. Inclusion of Share Application Money in Tax-Free Investments: The assessee contended that share application money should not be considered as part of tax-free investments for disallowance purposes under Section 14A. The Tribunal noted that similar disallowance was made in the assessment year 2009-10, and the Tribunal had deleted the addition by observing that share application money cannot yield tax-free income until shares are allotted. The Tribunal cited the Mumbai Bench decision in Rainy Investments Pvt. Ltd., which held that share application money is not an investment capable of yielding tax-free income. Consequently, the Tribunal excluded share application money from the disallowance computation under Section 14A. 3. Exclusion of Investments Not Yielding Tax-Free Income: The assessee argued that investments in group concerns, which did not yield any dividend income, should be excluded from the disallowance calculation. The Tribunal referred to its previous decision in the assessee's case for the assessment year 2009-10, where it was held that no disallowance under Section 14A is warranted if no dividend is received from such investments. This view was supported by the Pune Bench decision in Kolte Patil Developers Ltd., which stated that disallowance under Section 14A is not applicable when no exempt income is received. The Tribunal thus excluded investments in group concerns from the disallowance computation. 4. Disallowance of Interest and Indirect Expenditure: The assessee had offered disallowance of interest expenditure of Rs. 4,09,61,696 and indirect expenditure of Rs. 27,13,384 under Section 14A read with Rule 8D in the return of income. The Tribunal, following its previous rulings and the principles established in similar cases, allowed the assessee's claim to exclude such disallowances, as the investments did not yield any exempt income during the relevant year. Conclusion: The Tribunal allowed the assessee's appeal partly by excluding share application money pending allotment and investments not yielding tax-free income from the disallowance computation under Section 14A. The additional grounds raised by the assessee were also allowed, and ground Nos. 2 to 8 were dismissed as not pressed. The Tribunal's decision was pronounced on June 28, 2017.
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