2018 (4) TMI 872 - AT - Income Tax

Addition u/s 14A r.w.r. 8D - Held that - Rule 8D of the Income Tax Rules applies w.e.f. assessment year 2008-09 only. We reiterate that we are in assessment year 2007-08. We thus find no merit in Revenue s first substantive ground. MAT - Disallowance made u/s.14A is not to be added in MAT computation u/s.115JB Administrative expenditure disallowance u/s.14A - Held that - The assessee derived exempt income from dividend of ₹ 48.76 crores, share in partnership firm to ₹ 1.618 crores, interest income of ₹ 14.74 crores and other income of ₹ 3.70lacs only. A safe presumption can be drawn that the assessee incurred major part of its administrative expenses qua the exempt income only. We thus affirm the impugned administrative expenditure disallowance of ₹ 49,85,705/- to a lump sum amount of ₹ 45lacs and grant part relief to the extent of ₹ 4,85,705/- only. Levy of interest u/s.234B - Held that - It has come on record that the impugned interest liability had been fastened on the assessee only in view of retrospective amendment. Hon ble jurisdictional high court in CIT vs. National Dairy Development Board 2017 (6) TMI 736 - GUJARAT HIGH COURT holds that such a liability does not arise in case of retrospective amendment. We thus see no reason to interfere with learned CIT(A) s findings under challenge.

Issues Involved:
1. Section 14A read with Rule 8D disallowance.
2. MAT adjustment under Section 115JB.
3. Disallowance of administrative expenditure.
4. Interest expenditure claim.
5. Long term capital loss indexation.
6. Provision for diminution in the value of investments/doubtful debts.
7. Levy of interest under Section 234B.

Issue-Wise Detailed Analysis:

1. Section 14A Read with Rule 8D Disallowance:
The primary issue revolves around the disallowance under Section 14A read with Rule 8D for various assessment years. The Revenue contended that the CIT(A) erred in reversing the Assessing Officer's disallowance. The Tribunal upheld that Rule 8D applies prospectively from the assessment year 2008-09, as per the Supreme Court's ruling in CIT vs. M/s. Essar Teleholdings Ltd. and CIT vs. Torrent Power Ltd. Therefore, for the assessment year 2007-08, Rule 8D was deemed inapplicable, and the disallowance was restricted to ?25 lakhs for administrative expenses.

2. MAT Adjustment Under Section 115JB:
The Tribunal addressed the MAT adjustments under Section 115JB concerning the Section 14A disallowance. It was concluded that the Section 14A disallowance should not be added back while computing book profits under Section 115JB, following the Special Bench decision in ACIT vs. Vireet Investment Pvt. Ltd. and the Bombay High Court's ruling in CIT vs. Bengal Finance & Investments Pvt. Ltd.

3. Disallowance of Administrative Expenditure:
For the assessment year 2007-08, the CIT(A) restricted the administrative expenditure disallowance to ?25 lakhs. The Tribunal further reduced this disallowance to a lump sum amount of ?8 lakhs, considering the substantial increase in dividend income and the nature of the assessee's investment activities.

4. Interest Expenditure Claim:
The assessee claimed interest expenditure of ?8.52 crores, which was rejected by the CIT(A) as it was not raised in the original or revised return. The Tribunal remitted the issue back to the Assessing Officer for re-computation, considering the jurisdictional High Court's judgment in CIT v. Mitesh Impex, which allows claims raised in principle without being in the original or revised return.

5. Long Term Capital Loss Indexation:
For the assessment year 2009-10, the CIT(A) directed the Assessing Officer to consider the cost of acquisition of capital assets from the date they were acquired by the amalgamating companies, following the jurisdictional High Court's ruling in CIT vs. Gautam Manubhai Amin. The Tribunal upheld this decision, rejecting the Revenue's contention.

6. Provision for Diminution in the Value of Investments/Doubtful Debts:
The Tribunal upheld the CIT(A)'s direction to the Assessing Officer to verify the factual aspects of the provision for diminution in the value of investments/doubtful debts for the assessment year 2008-09. The Tribunal also noted that the assessee had complied with the "netting" principle as per the jurisdictional High Court's judgment in Vodafone Essar Gujarat Ltd.'s case.

7. Levy of Interest Under Section 234B:
For the assessment year 2003-04, the CIT(A) deleted the interest under Section 234B, citing that the liability arose due to a retrospective amendment. The Tribunal upheld this decision, referencing the jurisdictional High Court's ruling in CIT vs. National Dairy Development Board, which states that such liability does not arise in case of retrospective amendments.

Conclusion:
The Tribunal's judgment addressed multiple issues across different assessment years, providing clarity on the applicability of Rule 8D, MAT adjustments, administrative and interest expenditure disallowances, long-term capital loss indexation, and the treatment of provisions for diminution in the value of investments. The decisions were made in line with relevant judicial precedents, ensuring a comprehensive resolution of the disputes involved.

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