2018 (6) TMI 1814 - HC - Income Tax

Disallowance u/s 14A r.w.r. 8D - stay petition - HELD THAT - We find from the decision under appeal that the assessing officer had failed to establish that the borrowed funds were utilised for the purpose of acquiring shares and in view of availability of own funds with the assessee, the expenditure ought to have been disallowed. This is a finding of fact. We do not find any perversity in such finding. As such, we do not admit the appeal on this point. We do not find any utility in keeping the stay petition alive as there is no scope of passing any interim order. We accordingly dispose of the stay petition - we shall hear the appeal on the basis of the stay petition as we are apprised by the learned counsel for the parties that the stay petition contains all the relevant materials necessary for adjudicating the appeal. On consent of the learned counsel for the respondent, service of the notice of appeal is waived and filing of paper book is also dispensed with. The appeal shall be listed in the monthly list of July 2018.

Summary

Issues Involved:
1. Delay in filing the appeal
2. Inclusion of amount received on forfeiture of shares in book profits for taxation
3. Disallowance of expenditure under section 14A read with rule 8D(2)(ii) of the Income Tax Act

Analysis:

1. Delay in filing the appeal:
The High Court of Calcutta noted a delay of 132 days in filing the appeal. After hearing the counsel for both parties, the court found that the appellant had a sufficient cause for the delay. Consequently, the court condoned the delay and allowed the appeal.

2. Inclusion of amount received on forfeiture of shares in book profits for taxation:
The court admitted the appeal on the issue of whether the amount received by the assessee on account of forfeiture of shares should be added to the book profits for taxation under section 115JB of the Income Tax Act, 1961. This question was considered to involve a substantial question of law, warranting further examination during the appeal process.

3. Disallowance of expenditure under section 14A read with rule 8D(2)(ii) of the Income Tax Act:
Another point raised was the disallowance of a specific sum under section 14A read with rule 8D(2)(ii) of the Income Tax Act. The court observed that the assessing officer had not proven that borrowed funds were used for acquiring shares. Given the availability of the assessee's own funds, the expenditure was deemed to be disallowed. This finding was considered a matter of fact, and the court did not find any fault in it. Consequently, the appeal was not admitted on this particular point.

In conclusion, the High Court of Calcutta addressed the issues of delay in filing the appeal, the inclusion of the amount received on forfeiture of shares in book profits for taxation, and the disallowance of expenditure under relevant tax provisions. The court made decisions on each issue based on the arguments presented and the legal considerations involved, ensuring a comprehensive review of the matters at hand.