2018 (2) TMI 1153 - HC - Income Tax

Addition u/s 14A r.w.r. 8D(ii) - part of interest payable on the loan attributable to the investment made to earn exempt income - sufficiency of own funds - Held that - This Court in CIT Vs. HDFC Bank Ltd. 2014 (8) TMI 119 - BOMBAY HIGH COURT has held that where Assessee s own funds are in excess of the investment made, then it shall be presumed that investments are made out of own funds. In the present case it is found on facts that the interest paid was nowhere related to investments made to earn exempt income either directly or indirectly. - Decided in favour of assessee

Summary

Issues Involved:
1. Disallowance of interest expenditure under Section 14A of the Income Tax Act, 1961.
2. Determination of annual property value under Section 23(1)(b) of the Act.
3. Restriction of disallowance of helicopter expenses.

Analysis:

Issue 1 - Disallowance of interest expenditure under Section 14A:
The Assessing Officer disallowed interest expenditure of ?77.78 Lakhs out of ?2.30 Crores paid on a loan of ?30.00 Crores, applying Section 14A read with Rule 8D(ii) of the Income Tax Rules. The Commissioner of IncomeTax (Appeals) found that the loan was exclusively for purchasing windmills and not for earning exempt income, thus deleting the disallowance. The Tribunal upheld these findings, concluding that the interest paid was not related to investments for earning exempt income. The Court cited the precedent that if an assessee's own funds exceed the investment, it is presumed that investments are made from own funds. Therefore, the question did not raise a substantial legal issue and was not entertained.

Issue 2 - Determination of annual property value:
The Tribunal determined the annual value of a property at Walkeshwar under Section 23(1)(b) of the Act, despite the assessee showing rent lower than the market rate. The Revenue challenged this decision, arguing that Section 23(1)(a) should apply due to the lower rent. The matter was previously admitted for consideration as a substantial legal question but was withdrawn due to low tax effect. The Court admitted the appeal on this issue for further review.

Issue 3 - Restriction of disallowance of helicopter expenses:
The Tribunal restricted the disallowance of helicopter expenses to 1/7 of the total amount, despite concerns about inadequate details and potential personal use. The Revenue contested this decision, highlighting the lack of evidence supporting business use and the possibility of personal use. The matter was directed to be heard along with other related appeals for a comprehensive review.

In conclusion, the judgment addressed multiple issues concerning the interpretation and application of relevant provisions of the Income Tax Act, 1961. The Court's analysis focused on factual findings, legal precedents, and the proper application of rules to determine the tax liabilities and allowances in question.