2018 (10) TMI 802 - AT - Income Tax

Disallowance u/s 14A - AO considering the professional charges paid to consultants and auditors as Indirect Administrative charges for the purpose of making the disallowance - Held that - Since the expenditure under question was not exclusively incurred to earn the exempt income. As submitted by Ld. AR, the proportion of exempt income in total income reflected in the Profit & Loss Account was 37% and therefore, the impugned disallowance would be restricted to 37% of ₹ 5,13,281/-, which comes to ₹ 1,89,914/-. The disallowance to that extent stand sustained by us. Adjustment of disallowance u/s 14A while arriving at Book Profits u/s 115JB - Held that - We find that this issue stood squarely covered in assessee s favor by the judgment of ACIT Vs. Vireet Investment (P.) Ltd. 2017 (6) TMI 1124 - ITAT DELHI held that computation under clause (f) of explanation 1 to section 115 JB (2) of the Act is to be made without resorting to computation as contemplated u/s 14A of the Act r/w Rule 8D of the Rules. - Decided against revenue

Summary

Issues:
1. Disallowance of professional charges paid to consultants and auditors as indirect administrative charges under section 14A of the Income Tax Act.
2. Disallowance under section 14A and section 115JB (MAT provisions).

Issue 1: Disallowance of professional charges as indirect administrative charges:
The appeal contested the order of the Ld. Commissioner of Income-Tax (Appeals) regarding the treatment of professional charges paid to consultants and auditors as indirect administrative charges for disallowance under section 14A of the Act. The assessment for the relevant year was framed by the Ld. Deputy Commissioner of Income Tax, where the income of the assessee was assessed under normal provisions and Minimum Alternative Tax (MAT) provisions. The primary issue revolved around disallowance under section 14A concerning exempt dividend income earned by the assessee. The Ld. AO applied Rule 8D to calculate the disallowance amount, leading to a disagreement between the assessee and the tax authorities.

Issue 2: Disallowance under section 14A and section 115JB:
The second issue pertained to the adjustment of disallowance under section 14A while arriving at Book Profits under section 115JB. The assessee contested this adjustment, citing a favorable judgment by the Delhi Tribunal (Special Bench) in ACIT Vs. Vireet Investment (P.) Ltd. The Tribunal analyzed various judicial precedents, including decisions of the Hon'ble Supreme Court and the Bombay High Court. Ultimately, the Tribunal held that the adjustment of disallowance under section 14A was not necessary for Book Profits under section 115JB, thereby allowing the appeal partially in favor of the assessee.

In conclusion, the judgment addressed the issues of disallowance of professional charges as indirect administrative charges under section 14A and the adjustment of disallowance under section 14A for Book Profits under section 115JB. The Tribunal's decision was based on a thorough analysis of relevant legal provisions and judicial precedents, ultimately resulting in a partial allowance of the assessee's appeal.