2019 (2) TMI 2089 - AT - Income Tax

Addition u/s. 14A r.w. Rule 8D - as contended that assessee company was having sufficient interest free fund for making investment and CIT(A) has erred in sustaining the impugned addition - HELD THAT - As demonstrated from the material on record that the assessee was having sufficient interest free fund in the form of share capital and free reserves as against the investment made from which exempt income was earned. After considering the decision of Reliance Utilities Power Ltd 2009 (1) TMI 4 - BOMBAY HIGH COURT we consider that there was no merit in disallowing the interest expenses . However we sustain the addition in respect of administrative expenditure as computed by the assessing officer under para 6 of the assessment order as investment cannot be made without incurring administrative and other expenses. Accordingly this appeal of the assessee is partly allowed.

Summary

Issues involved:
Disallowance of expenses under section 14A r.w. Rule 8D of the IT Rule, 1962.

Detailed Analysis:

1. Background: The appeal for the assessment year 2012-13 was filed by the assessee against the decision of the CIT(A) confirming the disallowance of Rs. 40,77,207 under section 14A r.w. Rule 8D of the Income Tax Act, 1961.

2. Assessing Officer's Observation: The assessing officer noted that the assessee had shown exempt dividend income of Rs. 1,70,27,593 under section 10(34) of the IT Act and claimed interest expenses of Rs. 2,98,47,199. The officer asked for an explanation regarding the disallowance of interest expenses incurred for earning exempt income under section 14A.

3. Decision of the CIT(A): The CIT(A) dismissed the appeal of the assessee, upholding the assessing officer's decision to disallow the expenses.

4. Appellate Tribunal's Analysis: During the appellate proceedings, the counsel argued that the assessee had sufficient interest-free funds for investments, contrary to the CIT(A)'s decision. The Tribunal examined the material on record, showing the substantial interest-free funds available to the assessee against the investments made.

5. Judicial Pronouncements: The counsel cited various judicial pronouncements to support the argument, emphasizing the adequacy of interest-free funds in relation to investments.

6. Tribunal's Decision: After considering the case law and the material on record, the Tribunal found that the assessee had enough interest-free funds to justify the investments made. The Tribunal partially allowed the appeal, disagreeing with the disallowance of interest expenses but upholding the addition of administrative expenses amounting to Rs. 10,84,437.

7. Final Verdict: The Tribunal partly allowed the appeal, concluding that the disallowance of interest expenses was unwarranted due to the availability of sufficient interest-free funds. However, it upheld the addition of administrative expenses as investments entail such costs.

This detailed analysis highlights the key aspects of the judgment, including the arguments presented, the Tribunal's assessment, and the final decision on the disallowance of expenses under section 14A of the Income Tax Act.