2016 (1) TMI 415 - AT - Income Tax

Disallowance u/s 14A - contention of the assessee is that the investments were made for acquiring control of other companies which are in the similar business of the assessee and all those companies subsequent to acquisition of the shares has become the sister concerns of the assessee. Moreover, the investments made were out of non-interest bearing funds of the assessee company - Held that - In the interest of justice, we hereby remit back the matter to the file of Ld. Assessing Officer, in order to verify whether the investments made by the assessee company were in its sister concerns, or after such investments those companies have become the sister concerns of the assessee company by virtue of such investments, and further such investments were made from the non-interest bearing fund of the assessee company, and if found so, grant relief to the assessee in the light of the decision of the Chennai Bench of the Tribunal in the case of M/s Agile Electric Sub Assembly Pvt. Ltd. 2016 (1) TMI 322 - ITAT CHENNAI - Decided in favour of assessee for statistical purposes

Summary

Issues:
Disallowance under Section 14A of the Income Tax Act for expenses attributable towards earning exempt income.

Detailed Analysis:
The appellant, engaged in logistics services, contested the disallowance of expenses under Section 14A of the Income Tax Act despite not earning any exempt income during the relevant year. The Assessing Officer disallowed expenses of Rs. 11,79,079, citing a direct nexus between increased investments and borrowed capital, invoking Section 14A(2) and Rule 8D(2). The Dispute Resolution Panel (DRP) upheld this decision, leading to an addition of the disallowed amount in the final assessment order.

The appellant argued before the DRP that no income was earned to warrant disallowance, and the provisions of Section 14A were misapplied. They emphasized that no expenditure was incurred for earning exempt income, and Rule 8D could only be invoked if the Assessing Officer doubted the correctness of the claim. Additionally, they clarified that investments were made using non-interest bearing funds and not borrowed funds.

The DRP, however, upheld the Assessing Officer's decision, emphasizing the increase in investments correlating with financial charges. The Tribunal, after hearing both parties, noted that investments were made to acquire control of sister concerns using non-interest bearing funds. Citing precedents, the Tribunal held that Section 14A and Rule 8D were inapplicable to such investments. Consequently, the matter was remitted back to the Assessing Officer for further verification based on the Tribunal's decision.

In conclusion, the Tribunal allowed the appeal for statistical purposes, directing a re-examination of the investments made by the appellant in its sister concerns using non-interest bearing funds. The decision aimed to ensure a fair assessment in line with the Tribunal's interpretation of Section 14A and Rule 8D.

This detailed analysis outlines the core issue of disallowance under Section 14A of the Income Tax Act, the arguments presented by the appellant, the decisions of the Assessing Officer and DRP, the Tribunal's assessment based on precedents, and the subsequent remittance of the matter for further verification.