2018 (4) TMI 1288 - HC - Income Tax

Addition u/s 14A r.w.r. 8D - Held that - The said provision cannot be applied to any assessment year prior to Assessment Year 2008-09, the department plea has to fail. Hence, no question of law arises

Summary

Issues:
1. Application of Circular No. 5/2014 of CBDT
2. Applicability of decision of Special Bench of ITAT, Mumbai on Rule 8D
3. Disallowance under Section 14A and Rule 8D
4. Appeal against CIT's orders
5. Retrospective operation of Rule 8D

Analysis:

1. The appeals raised questions on the application of Circular No. 5/2014 of CBDT and the decision of the Special Bench of ITAT, Mumbai regarding Rule 8D. The respondent, a Cooperative Bank, had investments in shares and bonds leading to exempt dividend income. The AO proposed disallowance under Section 14A based on Rule 8D. The CIT allowed the appeals of the assessee, stating that Section 14A did not apply as there was no dividend income. The revenue appealed to the Tribunal, which upheld the CIT's findings, leading to further appeals by the revenue.

2. The revenue contended that Rule 8D should be applied retrospectively as per the Special Bench's decision. However, the Tribunal rejected the department's plea, stating that Section 14A did not apply due to the absence of dividend income. The revenue argued that Rule 8D should be applied retrospectively based on the Mumbai Special Bench's order.

3. The Bombay High Court's ruling in the case of Commissioner of Income Tax Vs. M/S Essar Teleholdings Ltd. was cited, where the prospectivity of Rule 8D was discussed. The High Court and the Supreme Court addressed the issue of the retrospective operation of Rule 8D. The Supreme Court clarified that Rule 8D was intended to operate prospectively and could not be applied to any assessment year before 2008-09. Consequently, the revenue's appeal was dismissed as Rule 8D could not be applied to the assessment years in question.

4. The Apex Court's decision established that Rule 8D had a prospective operation and could not be applied to assessment years before 2008-09. Therefore, the revenue's plea for the application of Rule 8D retrospectively was rejected. As a result, all three appeals by the revenue were dismissed, as there was no legal basis to apply Rule 8D retrospectively in the present cases.