2019 (7) TMI 1487 - AT - Income Tax

Disallowance u/s 14A r/w rule 8D - Commissioner (Appeals) directed the AO to compute disallowance under rule 8D(2)(iii) by taking into account only those investments on which the assessee had received exempt income during the year - HELD THAT - Direction of the Commissioner (Appeals) with regard to the computation of disallowance under section 8D(2)(iii) is fully in conformity with the ratio laid down in CIT v/s Vireet Investment Pvt. Ltd., 2017 (6) TMI 1124 - ITAT DELHI wherein as held that while computing disallowance under rule 8D(2)(iii), only those investments which have yielded exempt income during the year under consideration can be considered. That being the case, we do not find any infirmity in the decision of the learned Commissioner (Appeals). - Decided against revenue

Summary

Issues:
1. Disallowance under section 14A r/w rule 8D.

Analysis:
The appellate tribunal, ITAT Mumbai, heard the appeal filed by the Revenue against the order passed by the Commissioner of Income Tax (Appeals) for the assessment year 2014-15. The sole dispute in the appeal revolved around the deletion of disallowance made under section 14A r/w rule 8D. The assessee, a domestic company engaged in the business of investment in shares and securities, had earned exempt income through dividends during the relevant year. The Assessing Officer, noting this exempt income, sought an explanation from the assessee regarding the disallowance under section 14A r/w rule 8D for expenses incurred in earning exempt income. The assessee contended that the primary purpose of the investments was for holding controlling stakes, not for earning dividends, and thus no expenditure was incurred for earning exempt income. However, the Assessing Officer disallowed a significant amount under rule 8D(2)(iii) towards administrative expenses, which was also added to the book profit under section 115JB of the Act, leading the assessee to appeal against this decision.

Upon review, the learned Commissioner (Appeals) found in favor of the assessee by directing the Assessing Officer to compute the disallowance under rule 8D(2)(iii) by considering only those investments that generated exempt income during the year. The tribunal, after considering the submissions and the relevant legal precedents, upheld the decision of the learned Commissioner (Appeals). The tribunal cited the Special Bench decision in the case of CIT v/s Vireet Investment Pvt. Ltd., where it was established that only investments yielding exempt income in the relevant year should be considered while calculating the disallowance under rule 8D(2)(iii). As a result, the tribunal dismissed the grounds raised by the Revenue and upheld the decision of the learned Commissioner (Appeals), ultimately dismissing the Revenue's appeal.

In conclusion, the tribunal's judgment clarified the principles governing the computation of disallowance under section 14A r/w rule 8D, emphasizing that only investments generating exempt income in the relevant year should be factored into the calculation. This decision aligned with established legal precedents and resulted in the dismissal of the Revenue's appeal.