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2013 (3) TMI 485 - AT - Income TaxDisallowance U/s 14A & Sec.40(a)(ia)- Applicability of sec. 115JB - Interest under section 234A to 234D - Held that - The addition made under section 14A of the Act would be an expenditure relatable to an income to which section 10 applies and, therefore, clause (f) of Explanation 1 to Section 115JB of the Act would be attracted. While deciding disallowance U/s 14A of the assessee we have already set aside this issue for fresh consideration by the AO With this observation Ground under applicability of sec. 115JB is dismissed. Regarding the applicability of Sec.40(a)(ia) - TDS - heritage hotel income - Rent u/s 194I - Held that - It appears to us that it was a business arrangement between the assessee and MMCPL pursuant to which the sum of Rs.15 lakhs was paid by the Assessee to MMCPL and the said payment cannot be termed as rent. This further strengthened by the accounting treatment given by the assessee. The decision in the case of Kamat Hotels India Ltd. (2000 (3) TMI 1039 - ITAT MUMBAI) also supports the plea of the assessee.
Issues involved:
1. Application of Section 14A of the Income Tax Act for disallowance of expenses incurred in earning dividend income. 2. Interpretation of Section 40(a)(ia) for disallowance of payment made without TDS deduction. 3. Applicability of Section 115JB on the calculation of profit after disallowance under Section 40(a)(ia). Issue 1: The first issue in the judgment revolves around the application of Section 14A of the Income Tax Act regarding the disallowance of expenses incurred in earning dividend income. The Assessing Officer (AO) invoked Rule 8D of the Income Tax Rules to disallow a specific sum as expenses incurred in earning dividend income, which was added to the total income of the assessee. However, it was noted that Rule 8D was applicable only from A.Y 2008-09 as per the decision of the Hon'ble Bombay High Court. Therefore, the order of the CIT(A) confirming the disallowance was set aside for fresh consideration by the AO in accordance with the directions of the High Court. Issue 2: The second issue pertains to the interpretation of Section 40(a)(ia) concerning the disallowance of a payment made without deducting TDS. The payment in question was made as part of a profit-sharing arrangement and not in the nature of rent. The CIT(A) considered the payment as rent, leading to the disallowance under Section 40(a)(ia). However, the Tribunal analyzed the business arrangement between the parties and the accounting treatment given to the payment, concluding that the sum paid was not rent within the meaning of the Act. Therefore, the disallowance under Section 40(a)(ia) was directed to be deleted. Issue 3: The final issue addresses the applicability of Section 115JB on the calculation of profit after the disallowance made under Section 40(a)(ia). The CIT(A) upheld the addition of the disallowance under Section 14A to the book profits for calculating taxable income under Section 115JB. The Tribunal concurred with this decision, emphasizing that the disallowance under Section 14A relates to income to which Section 10 applies, thus justifying its addition to the book profits. However, the final quantum of the addition was subject to the fresh consideration of the set-aside proceedings before the AO. Consequently, Ground No.4 was dismissed with this observation. In conclusion, the Tribunal partly allowed the appeal by the assessee, addressing multiple issues related to the application and interpretation of various sections of the Income Tax Act, providing detailed analysis and reasoning for each issue presented before the Tribunal.
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