2014 (5) TMI 1228 - AT - Income Tax

Addition u/s 14A r.w.r. 8D - claim of the assessee was that no expenditure had been incurred by it to earn the exempt income - HELD THAT - Undoubtedly, the assessee had not accounted for any expense. AO applied the provisions of Section 14A r.w.r. 8D of the Rules. The issue is as to whether these provisions are applicable to an assessee, who has been admitted to be a dealer in shares, as has been done by the AO in the present case. In CCI Ltd. 2012 (4) TMI 282 - KARNATAKA HIGH COURT has held that if the assessee is a dealer of the shares and securities, it cannot be said that the purchases of the shares and holding of shares made by it were for the purpose of earning of dividend income; and that hence, the expenditure incurred in acquiring these shares cannot be disallowed u/s 14A - like in the present case, it was the admitted position that the assessee was a dealer in shares and securities. CCI Ltd. (supra) was followed by the Ahmedabad Bench of the Tribunal in Hina Nitin Parikh 2013 (7) TMI 514 - ITAT AHMEDABAD - Decided in favour of assessee.

Summary

Issues:
1. Disallowance of long term capital gains under section 10(38) of the Income Tax Act.
2. Disallowance of expenses against dividend income under section 14A of the Act.

Analysis:
1. The appeal was against the disallowance of long term capital gains claimed as exempt under section 10(38) of the Income Tax Act. The assessee did not press Ground No.1 regarding this issue, which was rejected. The focus then shifted to Ground No.2.

2. Regarding Ground No.2, the assessee had earned dividend income but had not accounted for any expenses related to it. The Assessing Officer (AO) disallowed Rs. 17,20,850 under section 14A of the Act, despite the assessee's claim of not incurring any expenses to earn the exempt income. The Commissioner of Income Tax (Appeals) upheld this disallowance.

3. The counsel for the assessee argued that as a dealer in shares, the provisions of section 14A should not apply. Case laws such as 'CCI Ltd. vs. JCIT' and 'Hina Nitin Parikh vs. DCIT' were cited to support this contention.

4. The Tribunal examined the facts and found that the assessee earned dividend income claimed as exempt under section 10(38) of the Act. The AO disallowed expenses against this income, despite acknowledging the assessee's status as a dealer in shares.

5. Referring to 'CCI Ltd.' and 'Hina Nitin Parikh' cases, the Tribunal held that if an assessee is a dealer in shares, the expenditure incurred in acquiring shares cannot be disallowed under section 14A. No contrary decisions were presented by the department.

6. Consequently, the Tribunal accepted the assessee's grievance under Ground No.2 and partly allowed the appeal. The judgment was pronounced on 09.05.2014.