2025 (1) TMI 656 - HC - Income Tax

Disallowance u/s 14A with regard to interest expenditure - HELD THAT -Disallowance cannot exceed the exempt income and as they themselves have disallowed more than the exempted income, disallowance should be restricted to the extent of the exempted income. Upfront fees and brokerage fees for issuing non-convertible debentures should be allowed fully in the assessment year 2004-05 or should be spread over two years for which non-convertible debentures were issued - There is no dispute between the parties that expenses have to be allowed as a deduction, but the only issue is whether it should be allowed fully in one year or it should be spread over a period of two years. The rate of tax for the assessment years 2004-05 and 2005-06 is same. This Court in the case of CIT Vs. Nagri Mills Co. Ltd. 1957 (9) TMI 30 - BOMBAY HIGH COURT has observed that if the tax rate is uniform for two years then, the deduction whether claimed by the assessee in the year one or two is of no consequence to the revenue. In the present case, since there is no dispute that the expenditure incurred is revenue and the respondent-assessee has opted to claim it in assessment year 2004-05 itself, the appellant-revenue cannot compel the respondent-assessee to claim it over a period of two years. Therefore, even on this count, no substantial question of law arises.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment from the Bombay High Court addresses the following core legal questions:

Whether the Income Tax Appellate Tribunal (ITAT) erred in deleting the disallowance under Section 14A of the Income Tax Act, 1961, concerning gross interest expenditure incurred towards earning tax-free income, particularly when such expenditure was related to investments in subsidiary companies yielding tax-free dividends.
Whether the ITAT was correct in limiting the disallowance under Section 14A to the exempt income earned during the year, despite the assessee's own disallowance being higher.
Whether the disallowance of debenture issue expenses should be considered as revenue in nature and allowed fully in the assessment year 2004-05, or should it be spread over the period of the debentures.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Disallowance under Section 14A

Relevant legal framework and precedents: Section 14A of the Income Tax Act pertains to the disallowance of expenditure incurred in relation to income not includible in total income. The appellant-revenue challenged the ITAT's decision to delete the disallowance of Rs. 75.20 crore.
Court's interpretation and reasoning: The court noted that the issue of whether disallowance under Section 14A can exceed the exempt income has been settled by a series of judgments from co-ordinate benches of the same court.
Key evidence and findings: The Tribunal had accepted the respondent-assessee's contention that disallowance should be restricted to the extent of the exempt income of Rs. 6.16 crores, despite the assessee's own disallowance of Rs. 39 crores.
Application of law to facts: The court found that the Tribunal's decision was consistent with established legal precedents that disallowance under Section 14A cannot exceed the exempt income.
Treatment of competing arguments: The court dismissed the appellant-revenue's argument by referring to multiple precedents that supported the Tribunal's decision.
Conclusions: No substantial question of law arises from this issue, as it is settled by precedent.

Issue 2: Limitation of Disallowance to Exempt Income

Relevant legal framework and precedents: The court referenced several cases that concluded disallowance under Section 14A should not exceed the exempt income.
Court's interpretation and reasoning: The court reiterated that the Tribunal's decision to limit the disallowance to the exempt income was in line with the established legal framework.
Key evidence and findings: The respondent-assessee had initially disallowed Rs. 39 crores, but the Tribunal limited this to the exempt income of Rs. 6.16 crores.
Application of law to facts: The court applied the existing legal framework to uphold the Tribunal's decision.
Treatment of competing arguments: The court found no merit in the appellant-revenue's arguments, given the clear legal precedents.
Conclusions: The court concluded that no substantial question of law arises on this issue.

Issue 3: Debenture Issue Expenses

Relevant legal framework and precedents: The issue revolved around whether debenture issue expenses should be treated as revenue expenditure in the year incurred or spread over the debenture period. The Supreme Court's decision in Madras Industrial Investment Corporation Ltd. and subsequent clarification in Taparia Tools Ltd. were relevant.
Court's interpretation and reasoning: The court noted that revenue expenditure is typically allowed in the year it is incurred unless the assessee opts to spread it over multiple years.
Key evidence and findings: The respondent-assessee chose to claim the expenditure in the assessment year 2004-05, and the court found no basis for the appellant-revenue to compel a spread over two years.
Application of law to facts: The court applied the principle that the expenditure should be allowed in the year incurred, as the tax rate was uniform across the relevant years.
Treatment of competing arguments: The court dismissed the appellant-revenue's argument by citing consistent legal precedents.
Conclusions: The court concluded that no substantial question of law arises on this issue.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "In view of the above, since issue is concluded by series of decisions of this Court, no substantial question of law can be said to arise on the said issue."
Core principles established: Disallowance under Section 14A cannot exceed the exempt income, and revenue expenditure is typically allowed in the year incurred unless the assessee chooses otherwise.
Final determinations on each issue: The court dismissed the appeal, finding no substantial question of law on any of the issues presented.

In conclusion, the Bombay High Court upheld the ITAT's decisions regarding the disallowance under Section 14A and the treatment of debenture issue expenses, finding no substantial questions of law warranting further consideration.

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