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2019 (4) TMI 1511 - AT - Income TaxDisallowance u/s 14A r.w. Rule 8D(ii) - Investments were made out of own funds - disallowance u/s 14A added back while computing Book Profits u/s. 115JB - HELD THAT - We find that undisputed position that emerges is the fact that the assessee s own funds were more than the investments made by the assessee and therefore, a presumption was to be drawn in assessee s favor that the investments were made out of own funds as held in CIT vs. HDFC Bank Ltd. 2014 (8) TMI 119 - BOMBAY HIGH COURT . This position has been reiterated by Hon ble Apex court in the recent decision of CIT Vs. Reliance Industries Ltd. 2019 (1) TMI 757 - SUPREME COURT . Secondly, this issue has already been adjudicated by the Tribunal in assessee s own case for AY 2013-14. Therefore, no infirmity could be found in the impugned order so far as the disallowance of interest expenditure u/r 8D(2)(ii) is concerned. Disallowance of Section 14A while computing Book Profits u/s. 115JB has been deleted by Ld. first appellate authority by placing reliance on the decision of Delhi Tribunal (Special Bench) rendered in ACIT Vs. Vireet Investment (P.) Ltd. 2017 (6) TMI 1124 - ITAT DELHI . No contrary decision has also been placed on record by the revenue. There is nothing on record which suggest that the assessee has debited any actual expenditure in the Profit Loss Account and secondly, this issue has also been adjudicated by Tribunal in assessee s favor for AY 2013-14. The impugned order would require no interference in this regard. - Decided against revenue.
Issues Involved:
- Disallowance u/s 14A Analysis: 1. The appeal by the revenue contested the order of the Ld. Commissioner of Income-Tax (Appeals) for the Assessment Year 2014-15 regarding the deletion of addition made on account of disallowance u/s 14A r.w. Rule 8D(ii) of the Act. The main issue revolved around whether the disallowance should be calculated as per Rule 8D from AY 2008-09 onwards. The revenue argued that the decision in the case of M/s. HDFC Ltd was not applicable as it was bank-specific. Additionally, there was a dispute regarding adding the disallowance u/s 14A to the book profit u/s 115JB. The AO had made the computation as per clause (f) in explanation 1 to section 115JB(2) of the Act, while the CIT(A) relied on the decision of the Special Bench of ITAT Delhi in the case of Vireet Investment Pvt Ltd. 2. The assessee, a resident corporate engaged in manufacturing and selling paper & pulp, earned exempt dividend income but did not offer any disallowance u/s 14A. The AO, applying Rule 8D, computed the disallowance, including interest and expense disallowance. The CIT(A) partially allowed the appeal, confirming expense disallowance but deleting interest disallowance based on the fact that the assessee's own funds exceeded investments, following the judgment of the Bombay High Court in CIT vs. HDFC Bank Ltd. The adjustment of disallowance u/s 14A while computing Book Profits u/s 115JB was also deleted by the CIT(A) based on the decision of the Delhi Tribunal (Special Bench) in ACIT Vs. Vireet Investment (P.) Ltd. 3. The Tribunal noted that the issue had been decided in the assessee's favor for AY 2013-14, and the revenue's appeal was dismissed. The Tribunal found that the assessee's own funds exceeded investments, indicating that investments were made from internal accruals, as per the judgment of the Bombay High Court. The Tribunal also referenced a recent decision of the Hon'ble Apex Court supporting this position. The Tribunal dismissed the appeal, stating that the issue had already been adjudicated for AY 2013-14 and no infirmity was found in the CIT(A)'s order regarding the disallowance of interest expenditure. 4. The addition of disallowance of Section 14A while computing Book Profits u/s. 115JB was deleted by the CIT(A) based on the decision of the Delhi Tribunal (Special Bench) in ACIT Vs. Vireet Investment (P.) Ltd. The Tribunal found no reason to interfere with this decision, especially since the issue had been adjudicated in the assessee's favor for AY 2013-14. Consequently, the appeal was dismissed, affirming the CIT(A)'s order. 5. In conclusion, the Tribunal upheld the CIT(A)'s decision regarding the disallowance u/s 14A and the computation of Book Profits u/s 115JB, citing previous judgments and the absence of any new evidence or contrary decisions presented by the revenue. The appeal was dismissed, and the order was pronounced on 23rd April 2019.
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