2013 (6) TMI 223 - HC - Income Tax

Disallowance of interest expenditure u/s. 14A - part deletion by ITAT - Held that - Tribunal has committed no error. Basically the entire disallowance has been made on the basis of facts emerging on record. The Tribunal also relied on the decision of CIT v. Reliance Utilities & Power Ltd. 2009 (1) TMI 4 - HIGH COURT BOMBAY wherein ITAT have given a clear finding that the assessee had interest free funds of its own & as AO had, without giving a finding as to how much administrative expenditure have been incurred to earn the exempt income, had made disallowance. In the earlier years also, similar position obtained. That being the fact, no question of law arises.In favour of assessee Compensation paid to property owner - whether a revenue expenditure incurred for business when it was compensation for non-occupation and a capital loss in nature - Held that - The transaction in respect of which the compensation was paid arose during the course of business and was for the purpose of business. The expense has been incurred by the assessee to protect its interest and in lieu of the claims that could have been raised by the landlord. The incurring of expenditure has not been doubted by the Revenue. The Apex Court in case of J.K. Wollen v. CIT 1968 (8) TMI 15 - SUPREME Court has held that in applying the test of commercial expediency for determining whether an expenditure was wholly and exclusively laid out for the purpose of the business, reasonableness of the expenditure has to be adjudged from the point of view of the businessman and not of the IT Department. In favour of assessee.

Summary

Issues:
1. Disallowance of interest expenditure under Section 14A of the Income Tax Act.
2. Classification of compensation paid to property owner as revenue expenditure or capital loss.

Issue 1: Disallowance of Interest Expenditure under Section 14A:
The High Court considered the appeal questioning the disallowance of interest expenditure under Section 14A of the Income Tax Act. The Assessing Officer disallowed a significant amount of interest expenditure, which was partially deleted by the CIT(A) and led to cross appeals by both the assessee and the revenue. The Tribunal upheld the view of the CIT(A) based on the facts that the interest-free funds available to the assessee exceeded the investments, and the assessee had already disallowed a portion of the interest expenditure. The Tribunal cited the decision of the Bombay High Court in a similar case and emphasized the necessity of finding the incurring of expenditure for disallowance under Section 14A. The High Court concurred with the Tribunal's decision, stating that no further disallowance was warranted beyond what the assessee had already disallowed. The Tribunal's decision was based on factual evidence and legal precedents, leading to the dismissal of the appeal.

Issue 2: Classification of Compensation as Revenue Expenditure or Capital Loss:
The second issue revolved around the classification of compensation paid to a property owner as either revenue expenditure or a capital loss. The Tribunal examined the circumstances where the assessee compensated the landlord for work done on a premise that was later deemed unsuitable due to the proposed construction of an overbridge. The Tribunal found that the compensation was paid to protect the assessee's business interests and to settle any potential claims from the landlord. Citing the Supreme Court's decision in J.K. Wollen v. CIT, the Tribunal emphasized that the reasonableness of the expenditure should be judged from a businessman's perspective for commercial expediency. As the expenditure was deemed to be incurred for business purposes and to safeguard the assessee's interests, the Tribunal upheld the deletion of the disallowance made by the Assessing Officer. Consequently, the High Court rejected the revenue's ground on this issue, stating that no question of law arose, and dismissed the tax appeal.

In conclusion, the High Court upheld the Tribunal's decisions on both issues, emphasizing the importance of factual evidence, legal precedents, and the commercial expediency of expenditures in determining the tax implications for the assessee.