2016 (12) TMI 1080 - AT - Income Tax

Addition u/s 14A - suo motu disallowance by assessee - Held that - The total expenses charged to the profit and loss account excluding the donations and bad debts were ₹ 24,11,959/- and the disallowance if is calculated as per section 14A rule 8D(2)(iii) comes to ₹ 1,22,90,682/- which is unreasonable and excessive and therefore the assessee suo motto disallowed a sum of ₹ 9,00,907/- out of expenses as relating to exempt income. We further find that the AO without recording any satisfaction with the reference to the books of accounts as regards the expenses attributable to exempt income made the additions of ₹ 15,11,000/- apart from the suo motto disallowance by the assessee of ₹ 9,00,907/-. In our opinion the disallowance as made by the assessee is reasonable and justified and no further disallowance without pointing out any defect in working of the assessee of the said disallowance with reference to the books of accounts. Thus set aside the order of the CIT(A) by restricting the disallowance u/s 14A read with rule 8D to ₹ 9,00,907/- as voluntarily made by the assessee and according the appeal of the assessee is allowed.

Summary

Issues Involved:
Appeals filed against orders by First Appellate Authority for various assessment years. Interpretation of section 14A for disallowance of expenses related to exempt income.

Detailed Analysis:

Issue 1: Appeals against First Appellate Authority's orders
The judgment involves seven appeals by both parties against orders of the First Appellate Authority. The appeals are for different assessment years, and they were clubbed together due to a common issue. The Tribunal decided to hear and decide all the appeals together for convenience.

Issue 2: Interpretation of Section 14A for disallowance
The primary issue raised by the assessee was the application of section 14A concerning the disallowance of expenses related to exempt income. The assessee contended that section 14A can only be applied after identifying the specific expenditure based on the material on record. It was argued that only expenses directly linked to exempt income should be disallowed.

Analysis of Assessment Year 2008-09:
For the assessment year 2008-09, the Tribunal was handling a second round of litigation. The High Court directed a fresh decision by the Tribunal due to an apparent mistake in the earlier order. The issue revolved around the disallowance of expenses related to exempt income under section 14A. The AO calculated disallowance under rule 8D, which the assessee challenged. The First Appellate Authority partly allowed the appeal, directing a recalculation excluding depreciation from expenses.

Tribunal's Decision:
The Tribunal considered the facts and found the assessee's voluntary disallowance reasonable and justified. The AO's additional disallowance was deemed excessive without proper justification. Referring to a similar case, the Tribunal restricted the disallowance to the amount voluntarily offered by the assessee. The Tribunal set aside the First Appellate Authority's order and allowed the appeal, restricting the disallowance to the amount initially made by the assessee.

Conclusion:
The Tribunal allowed the assessee's appeals for various assessment years, including cross-appeals, based on the reasoning and decision made for the assessment year 2008-09. The Tribunal's decision was to restrict the disallowance of expenses related to exempt income to the amount voluntarily offered by the assessee. Consequently, the appeals of the assessee were allowed, and those of the revenue were dismissed as infructuous.