2022 (3) TMI 1121 - AT - Income Tax

Disallowance u/s 14A read with Rule 8D - Sufficiency of own funds - HELD THAT - As is evident from the balance-sheet of the assessee as on 31.03.2014 the assessee had sufficient interest free funds in the form of own capital and unsecured loans available in the year under consideration; and since the same were sufficient to make investments in mutual funds and shares there was no utilization of interest bearing borrowed funds by the assessee in mutual funds and shares. On the other hand the interest bearing borrowed funds were utilized by the assessee for making investment in M/s. Varsha Fashion LLP in the form of partner s capital; and since there was no exempt income received by the assessee during the year under consideration as share of profit from the said firm which was exempt from tax and the interest earned by the assessee from the said firm was offered for tax after deducting the interest paid it was a case where the assessee had actually earned net interest income. As pointed out for the assessee from the income and expenditure account of the assessee for the year under consideration no deduction on account of any other expenditure was claimed by the assessee - we are of the view that the disallowance made by the Assessing Officer under Section 14A read with Rule 8D as sustained by the learned CIT(A) is not justified and deleting the same we allow this appeal of the assessee.

Summary

Issues:
Disallowance under Section 14A read with Rule 8D.

Detailed Analysis:
The appeal pertains to the disallowance made by the Assessing Officer under Section 14A read with Rule 8D of the Income Tax Rules, 1962. The assessee, an individual, had filed a return of income declaring total income of &8377; 74,91,950/-. The Assessing Officer noticed that the assessee had made investments in mutual funds and shares, the income from which was exempt from tax. Additionally, interest expenditure of &8377; 38,85,059/- was claimed by the assessee. The Assessing Officer called for an explanation regarding the disallowance under Section 14A by applying Rule 8D. The assessee contended that no borrowed funds were utilized for investments in mutual funds & shares. However, the Assessing Officer invoked Rule 8D and calculated the disallowance to be made under Section 14A at &8377; 19,16,305/-.

The disallowance made by the Assessing Officer was challenged before the CIT(A), who upheld the disallowance. The CIT(A) observed that the investments made by the assessee exceeded the available capital and loans, indicating the use of borrowed funds for investments generating exempt income. The CIT(A) also noted a sudden increase in capital due to a loan diversion, leading to exempt income under Section 10(2A). The CIT(A) rejected the assessee's arguments against invoking Section 14A, citing the mismatch between investments and available funds. The CIT(A) directed the AO to limit the disallowance to the extent of the exempt income earned by the assessee, &8377; 4,18,543/-, deleting the balance addition.

Upon further appeal to the Tribunal, it was argued that the assessee had sufficient interest-free funds available for investments in mutual funds and shares, with interest-bearing funds utilized for investments in a partnership firm. As no exempt income was received from the partnership firm during the relevant year, the disallowance under Section 14A was deemed unwarranted. The Tribunal agreed with the assessee's contentions, noting the availability of interest-free funds for investments and the absence of utilization of borrowed funds for mutual funds and shares. The Tribunal found the disallowance unjustified and allowed the appeal of the assessee.

In conclusion, the Tribunal allowed the appeal, emphasizing the availability of interest-free funds for investments and the absence of utilization of borrowed funds for generating exempt income. The disallowance made under Section 14A read with Rule 8D was deemed unjustified and was therefore deleted.