2012 (7) TMI 63 - AT - Income Tax

Disallowance of expenditure u/s 14A r.w.r. 8D - expenditure in relation to dividend income - assessee contested that Rule 8D could not be adopted for allocation of expenditure as no expenditure had been incurred for earning dividend income - Held that - There is no dispute that Section 14A and Rule 8D were applicable to the assessee for the impugned assessment year 2008- 09 - Assessee had itself made a computation of disallowance that could be made under Rule 8D and after giving a computation of possible disallowance which, inter-alia, included the interest outgoes also, assessee cannot now turn around and say that such a computation was incorrect - though the statement was given by the assessee at the insistence of the A.O. and if if interest or any other expenses was not relatable to the exempt income, assessee by itself would have excluded such amounts from the said computation - An assessee cannot be allowed to approbate or reprobate according to its choice - against assessee.

Summary

Issues: Disallowance of expenditure in relation to dividend income claimed as exempt under Section 14A of the Income-tax Act, 1961. Delay in filing the appeal by the assessee.

Issue 1: Disallowance of Expenditure in Relation to Dividend Income Claimed as Exempt

The assessee appealed against the disallowance of expenditure amounting to Rs. 19,77,109 in connection with dividend income claimed as exempt. The contention was that the assessee never admitted liability for disallowance under Section 14A read with Rule 8D. The Assessing Officer (A.O.) stated that the assessee admitted to the disallowance during assessment proceedings, supported by a work sheet. The assessee argued that Rule 8D should not be applied for expenditure allocation, emphasizing that no actual expenditure was incurred to earn the dividend income. The A.O. made the addition based on the computation provided by the assessee. The CIT(A) upheld the disallowance, noting that the assessee had admitted to the disallowance during assessment. The ITAT observed that Rule 8D was applicable, and the assessee's computation included interest outgoes. The ITAT held that the assessee could not dispute the computation after providing it, emphasizing that Rule 8D was correctly applied. Consequently, the ITAT dismissed the appeal, affirming the disallowance of expenditure related to the dividend income claimed as exempt.

Issue 2: Delay in Filing the Appeal

The appeal was delayed by 40 days, and the assessee filed a condonation petition supported by an affidavit for the belated filing. The ITAT accepted the reasonable cause shown in the petition and condoned the delay, admitting the appeal. The delay was attributed to the assessee filing a detailed petition for condonation, which the ITAT found satisfactory. Consequently, the ITAT allowed the appeal despite the delay in filing, considering the reasons provided by the assessee as valid and acceptable.

In conclusion, the ITAT upheld the disallowance of expenditure in relation to dividend income claimed as exempt under Section 14A of the Income-tax Act, 1961. The judgment emphasized the applicability of Rule 8D and the assessee's prior submission of a computation that included interest outgoes. Additionally, the ITAT accepted the condonation petition for the delayed appeal filing, acknowledging the reasonable cause shown by the assessee.