2019 (1) TMI 877 - AT - Income Tax

Disallowance of interest paid to its partners - addition u/s 14A - Held that - Following the decision of the Coordinate Bench in case of Quality Industries (2016 (10) TMI 56 - ITAT PUNE), payment of interest to the partners towards the use of the partner s capital as per the provisions of the partnership deed is held not subject to disallowance under Section 14A read with Rule 8D(ii) of the Act. However, in respect of disallowance under Rule 8D(iii), no specific ground or plea has been taken by the ld AR on behalf of the assessee, hence the same is confirmed. Appeal filed by the assessee is partly allowed.

Summary

Issues:
Challenge to disallowance of interest paid to partners under Section 14A read with Rule 8D.

Analysis:

Issue 1: Disallowance of interest paid to partners under Section 14A:
- The Assessing Officer disallowed interest paid to partners as not allowable expenses against exempt dividend income under Section 14A read with Rule 8D.
- The assessee contended that no expenditure was incurred in relation to exempt income, citing the requirement for the AO to record dissatisfaction with the claim per the decision in Maxopp Investment Ltd. & Ors v. CIT.
- Referring to the Quality Industries case, the assessee argued that interest payment to partners, as per the partnership deed, is not subject to Section 14A.
- The tribunal analyzed the legal issue, noting the historical treatment of interest on partners' capital and the current tax scheme allowing deduction under Section 40(b) for interest paid to partners.
- It was established that interest on partners' capital is not treated as allowable business expenditure except under Section 40(b), and the partnership firm and partners are viewed collectively for taxation purposes.
- The tribunal concluded that interest paid to partners, in the context of mutual funds generating tax-free income, does not warrant disallowance under Section 14A read with Rule 8D, remanding the matter for recomputation under Rule 8D.
- The appeal was partly allowed, confirming disallowance under Rule 8D(iii) due to the absence of specific grounds raised by the assessee.

Conclusion:
The tribunal partially allowed the appeal, holding that interest paid to partners is not subject to disallowance under Section 14A but confirming disallowance under Rule 8D(iii) due to the lack of specific grounds raised.