2017 (5) TMI 423 - AT - Income Tax

Applicability of Section 14(2) r.w.r. 8D - Held that - Details of investment reveal that there were excess withdrawals of ₹ 2157101 and ₹ 464738 from M/s Behari Lai Lila & Sons & M/s Rudraksh Art & Craft, therefore excess withdrawals were available to be used in other investments in M/s Venkteshwera and/or M/s Souryagarh Palace. Apart from this, there was assessee s own capital of ₹ 5135397 also. That on basis of the reasons and the contentions submitted by the assessee and as per the reasons hereinabove stated by us, we hold that in the case of assessee, the applicability of Section 14(2) read with Rule 8D will not be valid. We reverse the findings of the ld. CIT(A) by allowing the appeal of the assessee.

Issues Involved:
1. Applicability of Section 14A read with Rule 8D.
2. Treatment of investments in partnership firms for tax purposes.
3. Calculation of disallowance under Rule 8D(2).

Detailed Analysis:

1. Applicability of Section 14A read with Rule 8D:
The primary issue was whether Section 14A of the Income Tax Act, 1961, read with Rule 8D of the Income Tax Rules, 1962, was applicable to the assessee's case. The Assessing Officer (AO) disallowed ?660,548 under Section 14A, arguing that the profit received from partnership firms was exempt under Section 10(34) and the remuneration from firms was not acceptable as against capital investment.

The CIT(A) upheld the AO's decision, stating that there was a direct nexus between borrowed funds and investments made in the firms. The CIT(A) noted that the payment of interest on borrowed funds resulted in two types of income: taxable and exempt, thus invoking Section 14A.

However, the Tribunal disagreed, noting that the interest payments were related to specific loans and investments, and the assessee had sufficient interest-free funds for other investments. The Tribunal concluded that the applicability of Section 14A read with Rule 8D was not valid in this case, reversing the CIT(A)'s findings.

2. Treatment of Investments in Partnership Firms for Tax Purposes:
The second issue revolved around the treatment of investments in partnership firms. The assessee argued that all income derived from partnership firms, including interest, remuneration, and share of profit, was by virtue of the investments made therein. The AO and CIT(A) treated the investments as generating both taxable and exempt income, justifying the disallowance under Section 14A.

The Tribunal, however, found that the interest payments were directly related to specific loans taken for investments in the firms and other assets. It was noted that the assessee had sufficient interest-free funds and own capital to cover the investments. Therefore, the Tribunal held that the disallowance under Section 14A was not justified.

3. Calculation of Disallowance under Rule 8D(2):
The third issue concerned the calculation of disallowance as per Rule 8D(2). The assessee contended that the AO's calculation was incorrect and provided an alternative calculation. The CIT(A) agreed that the AO's calculation was flawed and directed a recalculation as per Rule 8D.

The Tribunal reviewed the alternative calculation provided by the assessee, which considered the specific interest payments and the average of investments yielding exempt income. The Tribunal found this calculation more accurate and held that the AO's disallowance was not justified. Consequently, the Tribunal directed that the disallowance be recalculated correctly or removed.

Conclusion:
In both appeals (ITA No. 135/Jodh/2017 and ITA No. 133/Jodh/2017), the Tribunal ruled in favor of the assessee, concluding that the applicability of Section 14A read with Rule 8D was not valid. The Tribunal reversed the CIT(A)'s findings and allowed the appeals, emphasizing that the interest payments were directly related to specific loans and investments, and the assessee had sufficient interest-free funds and own capital to cover the investments. The Tribunal also directed that the disallowance be recalculated correctly or removed.

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