2017 (3) TMI 1042 - AT - Income Tax

Disallowance of expenditure incurred towards the cess on green leaf from composite income - Held that - Hon ble Calcutta High Court in the case of CIT vs A.F.T. Industries Ltd reported in (2004 (7) TMI 81 - CALCUTTA High Court) wherein it was held that the same was to be fully allowed from the composite income. The issue decided by the order of the Hon ble Calcutta High Court in the case of AFT Industries Ltd (supra) have been approved by the Hon ble Apex Court in the case of M/s Apeejay Tea Co Ltd COMMISSIONER OF INCOME TAX Versus M/s APEEJAY TEA CO. LTD 2015 (8) TMI 1260 - SUPREME COURT - Decided in favour of the assessee Addition u/s 14A - Held that - No satisfaction as required under the provisions of section 14A of the Act for making the disallowance was recorded. Thus the additions made by the AO under the provisions of section 14A of the Act read with rule 8D of income tax rules are not sustainable. As such we find no infirmity in the order of ld CIT(A). Hence this ground of Revenue s appeal is dismissed. Disallowances made u/s 14A while computing the book profit u/s 115JB - Held that - The additions made by the AO under rule 8D read with section 14A of the Act has been deleted by our order vide Para-11 to 11.2 of this order. Therefore, the instant issue does not require any adjudication. Hence, the ground raised by Revenue is not maintainable and hence dismissed.

Summary

Issues Involved:
1. Allowability of expenditure on cess on green leaf.
2. Disallowance under Section 14A of the Income Tax Act.
3. Disallowance under Section 14A for computing book profit under Section 115JB.

Issue-Wise Detailed Analysis:

1. Allowability of Expenditure on Cess on Green Leaf:
The first issue concerns whether the Commissioner of Income Tax (Appeals) [CIT(A)] was justified in deleting the disallowance of ?57,41,347 towards cess on green leaf from composite income. The Assessing Officer (AO) disallowed this expenditure based on the Hon'ble Gauhati High Court's decision in Jorhat Group Ltd vs Agricultural ITO, which held that such cess is deductible only from agricultural income. However, the assessee relied on the Hon'ble Calcutta High Court's decision in CIT vs A.F.T. Industries Ltd, which allowed the deduction from composite income. The CIT(A) followed the Calcutta High Court's decision, and the Revenue appealed. The Revenue's representative agreed that the issue had been settled by the Hon'ble Apex Court in favor of the assessee in the case of M/s Apeejay Tea Co Ltd. Consequently, the Tribunal dismissed the Revenue's ground on this issue.

2. Disallowance under Section 14A of the Income Tax Act:
The second issue pertains to the deletion of the addition made by the AO under Section 14A of the Act. The assessee claimed that no borrowed funds were used for investments that earned exempt income and offered a disallowance of ?2,17,552. The AO, however, applied Rule 8D of the Income Tax Rules, 1962, and disallowed ?45,93,305, including interest and administrative expenses. The CIT(A) deleted the disallowance, noting that the AO had not provided cogent reasons for rejecting the assessee's method and had not established that borrowed funds were used for the investments. The CIT(A) also observed that the major investments were funded by proceeds from a preferential allotment of equity shares and internal accruals, not borrowed funds. The Tribunal upheld the CIT(A)'s decision, finding that the AO had not recorded the necessary satisfaction required under Section 14A(2) and that the assessee had sufficient own funds for the investments.

3. Disallowance under Section 14A for Computing Book Profit under Section 115JB:
The third issue involves the deletion of disallowances made under Section 14A while computing book profit under Section 115JB. Since the Tribunal upheld the deletion of the disallowance under Section 14A in the earlier issue, this issue was rendered moot. Therefore, the ground raised by the Revenue was dismissed.

Conclusion:
The Tribunal dismissed the Revenue's appeal on all grounds, upholding the CIT(A)'s decisions to allow the expenditure on cess on green leaf, delete the disallowance under Section 14A, and dismiss the related adjustment in computing book profit under Section 115JB. The order was pronounced in the open court on 15/03/2017.