2009 (8) TMI 7 - HC - Income Tax

Deduction under Section 80-M - gross dividends and without deducting the amount of interest and other expenses - The assessee claimed deduction under section 80-M of the Act on the gross dividend but the Assessing Officer did not accept the claim. It was held that the amount of interest paid by the assessee was required to be reduced from the gross dividend income while working out relief under section 80-M of the Act. This view was affirmed by CIT(A) but the Tribunal reversed the said view held that ITAT order is not cored and reversed.

Summary

Issues:
Interpretation of deduction under Section 80-M of the Income Tax Act, 1961 based on gross dividends without deducting interest and other expenses incurred by the assessee.

Analysis:
The case involved a dispute regarding the deduction claimed by the assessee under Section 80-M of the Income Tax Act, 1961 on gross dividends without deducting interest and other expenses. The Income Tax Appellate Tribunal (ITAT) referred a question of law to the High Court to determine whether the deduction under Section 80-M should be calculated based on gross dividends or after deducting interest and other expenses. The Assessing Officer initially did not accept the claim, stating that interest paid by the assessee should be reduced from the gross dividend income for calculating relief under Section 80-M. This view was upheld by the Commissioner of Income Tax (Appeals) but was later reversed by the Tribunal.

The Tribunal, in its decision, considered the shares on which dividends were received as stock-in-trade of the assessee. While the Tribunal acknowledged the consistency of this view in other cases, it did not accept the plea that the shares were not purchased from borrowed funds due to lack of evidence establishing such a nexus. Despite this, the Tribunal allowed the relief under Section 80-M, holding the assessee entitled to the claimed deduction. The revenue's counsel cited relevant judgments from the Supreme Court and the High Court, which were not disputed by the assessee's counsel, to support the revenue's position.

Ultimately, the High Court, following the precedents cited, ruled in favor of the revenue and against the assessee, answering the question referred in favor of the revenue. The judgment disposed of the reference accordingly, settling the dispute over the interpretation of deduction under Section 80-M of the Income Tax Act, 1961 based on gross dividends without deducting interest and other expenses incurred by the assessee.