2022 (8) TMI 856 - AT - Income Tax

Addition u/s 14A r.w.r. 8D - Contention of assessee before us is, the disallowance under Rule 8D(2)(iii) should be computed by considering only those investments which have yielded exempt income during the year - HELD THAT - Matter is restored to the file of the Assessing Officer with a direction for factual verification of assessee's claim with reference to working of investments which have either yielded taxable income or not yielded any income and compute the disallowance with reference to only those investments which have yielded exempt income during the year. Determination of taxable income at a higher figure - As submitted that the AO while giving appeal effect to the order of the ITAT has wrongly assumed the assessed income at a higher figure without any basis, the correction of which has not been carried out resulting in the determination of higher taxable income without any legal basis - HELD THAT - As per submissions made on behalf of the assessee, we consider it expedient to restore this issue also back to the file of the AO. The assessee shall be at liberty to provide suitable explanation and adduce such evidence as may be necessary to establish its case before the AO. AO shall dispose of the grievance of the assessee in the light of the facts in accordance with law.

Summary

Issues:
1. Disallowance of expenditure under Section 14A of the Income Tax Act, 1961.
2. Determination of taxable income at a higher figure.

Issue 1: Disallowance of Expenditure under Section 14A:
The appeal was against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance of INR 43,00,745 made by the Assessing Officer under Section 14A of the Income Tax Act, 1961 for AY 2010-11. The appellant contended that the disallowance was made mechanically, based on conjectures, and without excluding investments not yielding any income or yielding taxable income under Rule 8D(iii) of Income Tax Rules, 1962. The appellant argued that the disallowance was solely based on a judgment without considering detailed arguments for non-applicability. The appellant also claimed that various judicial precedents were ignored. The Co-ordinate Bench's decision from a previous year was cited for similar relief. The Tribunal directed the Assessing Officer to compute the disallowance by considering only investments yielding exempt income during the year, following the ratio laid down by the Hon'ble Delhi High Court in a relevant case.

Issue 2: Determination of Taxable Income:
The Assessing Officer had determined the taxable income at a higher figure than assessed, leading to an excessive amount of INR 11,55,331. The Tribunal found that the Assessing Officer had wrongly assumed the assessed income at a higher figure without any legal basis. The matter was restored to the Assessing Officer for factual verification and correction. The appellant was given the opportunity to provide explanations and evidence to establish their case. The Assessing Officer was instructed to dispose of the matter in accordance with the law. This issue was allowed for statistical purposes.

In conclusion, the Tribunal partly allowed the appeal, directing the Assessing Officer to recompute the disallowance of expenditure under Section 14A by considering only investments yielding exempt income. Additionally, the determination of taxable income at a higher figure was remanded to the Assessing Officer for proper verification and correction based on the appellant's submissions.