2017 (12) TMI 929 - AT - Income Tax

Disallowance under section 14A r.w.r 8D - assessee is engaged in the business of trading - Held that - We find that the assessee is engaged in the business of trading in shares and derivatives of shares and commodities, sub-broking etc. We find from the orders of authorities below that the earning of the dividend by the assessee from the shares and securities held as stock-in-trade was only ancillary. In our opinion, since the assessee is doing the business of trading in shares and securities and was not making any investments in the securities as investor, therefore, section 14A r.w.r 8D cannot be applied to the case of the assessee. The case of the assessee is supported by the a number of decisions of the tribunal taking a view that no disallowance is attracted in case of traders of shares and securities. Since the assessee is doing the business of trading in shares and securities and was not making any investments in the securities as investor, therefore, section 14A r.w.r 8D cannot be applied to the case of the assessee. - Decided in favour of assessee.

Summary

Issues Involved:
Challenge to the applicability of Rule 8D of the Income Tax Rules, 1962 and confirmation of disallowance of ?43,00,862 under section 14A r.w.r 8D of the Rules.

Analysis:

Issue 1: Applicability of Rule 8D and Disallowance
The assessee challenged the applicability of Rule 8D and the disallowance of ?43,00,862 under section 14A r.w.r 8D. The Assessing Officer (AO) observed that the assessee earned dividend income without making corresponding expense disallowances. The assessee contended that as they were engaged in trading shares and derivatives as stock-in-trade, section 14A did not apply. However, the AO disagreed and calculated the disallowance under rule 8D. The Commissioner of Income Tax (Appeals) upheld the disallowance citing precedents. The Tribunal noted the assessee's business nature and the ancillary nature of dividend income. Relying on tribunal decisions, the Tribunal held that section 14A did not apply to traders of shares and securities. Consequently, the disallowance was deleted, and the appeal was allowed.

Issue 2: Judicial Precedents
The Tribunal referenced various judicial decisions in its analysis. It cited the Special Bench of ITAT Mumbai, Third Member bench decisions, and High Court rulings. Notably, conflicting decisions existed on whether disallowance under section 14A applied to shares held as stock-in-trade. The Tribunal emphasized the business nature of the assessee and the non-investment stance, aligning with tribunal decisions that disallowance was not warranted for traders of shares and securities. The Tribunal highlighted the importance of consistent judicial interpretation and set aside the CIT(A)'s order, directing the AO to delete the disallowance.

Conclusion:
The Tribunal's judgment focused on the business nature of the assessee, emphasizing the trading aspect and lack of investment intent. By considering relevant precedents and maintaining consistency in interpretation, the Tribunal ruled in favor of the assessee, deleting the disallowance under section 14A r.w.r 8D. The decision highlighted the significance of the business context in determining the applicability of tax provisions, providing clarity on the treatment of dividend income for traders of shares and securities.