2020 (2) TMI 66 - AT - Income Tax

Disallowance u/s 14Ar.w.s. 8D - Addition exceeding own exempted income - HELD THAT - Admittedly, the exempted income declared by the assessee is of ₹ 11,83,96,894.00 only which is not in dispute. The Hon ble Gujarat High Court in the case of CIT vs. Corrtech Energy Private Ltd 2014 (3) TMI 856 - GUJARAT HIGH COURT has held that the amount of disallowance under section 14A read with rule 8D cannot exceed the amount of the exempted income Amount of disallowance as discussed above is not warranted in the present facts and circumstances. As such, the amount of the disallowance under section 14A r.w.r. 8D of Income Tax Rules cannot exceed the amount of disallowance made by the assessee i.e. ₹ 29,35,81,617.00 in the income tax return. Accordingly, we delete the addition made by the AO in the case of the assessee which was subsequently confirmed by the ld. CIT(A). Similarly, we also confirm the deletion as made by the learned CIT-A in the appeal of the Revenue. Hence, the ground of appeal of the assessee is allowed whereas the ground of appeal of the Revenue is dismissed.

Summary

Issues:
1. Disallowance under section 14A read with rule 8D of Income Tax Rules
2. Appeal against the order of the Commissioner of Income Tax (Appeals)

Issue 1: Disallowance under section 14A read with rule 8D of Income Tax Rules

In the case at hand, the Assessee and Revenue filed cross-appeals against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance under section 14A read with rule 8D of the Income Tax Act, 1961 for Assessment Year 2013-14. The Assessee disputed the disallowance of ?1,38,04,106 under section 14A r.w.r. 8D, arguing that no such disallowance was warranted as they had already disallowed interest expenditure attributable to earning exempt income. The Revenue, on the other hand, contested the restriction of disallowance to ?1,38,04,106 by the CIT(A), seeking to uphold the original disallowance of ?23,29,20,266. The dispute revolved around the correct calculation and application of disallowance under section 14A read with rule 8D of the Income Tax Rules.

Issue 2: Appeal against the order of the Commissioner of Income Tax (Appeals)

The Assessee raised grounds of appeal against the CIT(A)'s decision to uphold a partial disallowance of ?1,38,04,106 under section 14A read with rule 8D. The Assessee also invoked the decision of the Hon'ble Supreme Court in a similar case to argue that the disallowance should not exceed the exempt income earned. The Revenue, on the other hand, challenged the CIT(A)'s decision to restrict the disallowance to ?1,38,04,106 instead of the original amount of ?23,29,20,266. Both parties presented their arguments before the Appellate Tribunal, emphasizing the correctness of their respective positions based on the facts and legal provisions.

In the final judgment, the Appellate Tribunal analyzed the facts and legal precedents, including the decision of the Hon'ble Supreme Court in a similar case, to determine the appropriate disallowance under section 14A read with rule 8D of the Income Tax Rules. The Tribunal held that the disallowance amount cannot exceed the disallowance made by the Assessee in their income tax return, which was ?29,35,81,617. Consequently, the Tribunal deleted the additional disallowance imposed by the Assessing Officer and upheld by the CIT(A). Both the Assessee's and Revenue's appeals were decided in favor of the Assessee, allowing the Assessee's appeal and dismissing the Revenue's appeal. The judgment was delivered on 06/01/2020 by the Appellate Tribunal ITAT Ahmedabad.