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2017 (1) TMI 992 - AT - Income TaxDisallowance u/s.14A read with Rule 8D - Held that - It is a settled position that if an assessee incurs interest expenditure for carrying out its business,same has to be allowed.Disallownace can be made if it incurs interest expenditure for earning exempt income.Shares and securities have been held by the assessee as stock in trade,so,there wa no justification in disallowing the interest expenditure. As in the case of India Advantage Securities Ltd.(2015 (6) TMI 140 - BOMBAY HIGH COURT) held that disallowance of expenses can be made which are incurred for earning dividend. For that purpose,the figures under the head Investment could be taken and some charges apportioned for the purpose of computing the expenses. AO, except for the year under appeal,has allowed the interest expenditure for earlier and subsequent years. He has not given any reasons for deviating from the stand taken in earlier years. Thus we hold that there was no justification in disallowing the interest expenses - Decided n favour of assessee
Issues Involved:
1. Disallowance of expenses u/s. 14A read with Rule 8D of the Income Tax Rules. 2. Disallowance under Rule 8D(2)(iii) of the Rules. 3. Applicability of disallowance u/s. 14A in case of a trader. 4. Levy of interest u/s. 234A of the Act. 5. Deletion of disallowance under the head administrative expenses. Issue 1: Disallowance of expenses u/s. 14A read with Rule 8D of the Income Tax Rules: The Appellate Tribunal considered the case where the Assessing Officer disallowed ?33.48 crores u/s. 14A read with Rule 8D, due to investments in shares and mutual funds. The AO's disallowance was based on interest expenditure incurred by the assessee. The First Appellate Authority (FAA) upheld the disallowance, emphasizing that the purpose of investments does not affect the applicability of section 14A. The Tribunal, however, disagreed, stating that interest expenditure for business purposes should be allowed, and disallowance is only justified if incurred for earning exempt income. Citing relevant case laws, the Tribunal ruled in favor of the assessee, reversing the FAA's decision on disallowance. Issue 2: Disallowance under Rule 8D(2)(iii) of the Rules: The FAA considered the disallowance under Rule 8D(2)(iii) of the Rules, focusing on expenses claimed by the assessee. The FAA ruled that if no expenditure is incurred or claimed by the assessee for earning exempt income, disallowance cannot be arbitrary. The FAA restricted the disallowance to specific expenses related to earning exempt income. The Tribunal confirmed the FAA's decision, emphasizing the necessity of incurring expenses as a precondition for disallowance u/s. 14A, and upheld the FAA's order regarding the specific expenses. Issue 3: Applicability of disallowance u/s. 14A in case of a trader: During the Tribunal hearing, the AR argued that disallowance u/s. 14A is not applicable to traders like the assessee, who deal in shares and securities. The AR cited cases to support this argument. The Tribunal noted that the AO had allowed interest expenditure in previous years and found no justification for disallowance as the assessee was a trader, not an investor. Relying on relevant case law, the Tribunal ruled in favor of the assessee, overturning the FAA's decision on disallowance. Issue 4: Levy of interest u/s. 234A of the Act: The AR contended that the assessee was not liable to pay interest u/s. 234A as the return was filed on time. The AR raised this issue before the FAA, which was not addressed. The Tribunal decided to restore the matter to the FAA for fresh adjudication, directing a reasonable opportunity of hearing for the assessee. The Tribunal partially ruled in favor of the assessee on this issue. Issue 5: Deletion of disallowance under the head administrative expenses: The AO's solitary ground of appeal was the deletion of administrative expenses disallowance by the FAA. The Tribunal found that the FAA rightly excluded certain expenses related to earning exempt income and confirmed one expense. Emphasizing the necessity of incurring expenses for disallowance u/s. 14A, the Tribunal upheld the FAA's decision, dismissing the AO's appeal on this issue. In conclusion, the Appellate Tribunal partly allowed the assessee's appeal and dismissed the AO's appeal, addressing various issues related to disallowances, applicability of provisions, and interest levy under the Income Tax Act.
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