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2019 (10) TMI 717 - AT - Income TaxDisallowance under section 14A - HELD THAT - Hon'ble Supreme Court in a recent judgment, in group of cases titled as Maxopp Investment Ltd. Vs CIT 2018 (3) TMI 805 - SUPREME COURT has decided vital issues concerning disallowance u/s 14A, the benefit of which was not available to the lower authorities at the time of adjudicating this issue. Therefore, respectfully following the judgment of co-ordinate bench of this Tribunal in earlier years and in the light of recent judgment by Hon'ble Supreme Court, the matter stand remitted back to the file of Ld. AO on similar lines with similar conclusion. Disallowance to the book profit under section 115JB - HELD THAT - Considering the fact that we have restored the ground of appeal related to the disallowance under section 14A to the file of Assessing Officer. Accordingly, this ground of appeal is also restored back to the file of Assessing Officer with the direction to compute the book profit under section 115JB by following the decision of special bench of Delhi Tribunal in ACIT vs. Vireet Investment Pvt. Ltd. 2017 (6) TMI 1124 - ITAT DELHI . Hence, this ground of appeal is allowed for statistical purpose.
Issues Involved:
1. Disallowance under section 14A of the Income-tax Act, 1961. 2. Inclusion of stock in trade for determining average investments. 3. Method of determining expenses attributable to earning exempt income. 4. Computation of book profits under section 115JB of the Act. Detailed Analysis: Disallowance under section 14A: The primary issue revolves around the disallowance of expenses under section 14A of the Income-tax Act, 1961. The assessee had made a suo-moto disallowance of ? 77,41,411/-. However, the Assessing Officer (AO) applied Rule 8D and disallowed ? 1,43,40,934/-, which included the suo-moto disallowance and an additional ? 65,99,523/- under Rule 8D(2)(iii). The CIT(A) upheld the AO's decision. The Tribunal observed that in the assessee's own case for AY 2008-09 and 2009-10, the AO had not recorded the reasons for dissatisfaction with the correctness of the assessee's claim, which is a prerequisite as per the Supreme Court's decision in Godrej & Boyce Manufacturing Co. Ltd. The Tribunal noted that the AO, having examined the submissions, was not satisfied with the correctness of the assessee's claim and thus invoked Rule 8D. The Tribunal found that the AO's action was in conformity with the Supreme Court's decision, and hence, the ground raised by the assessee was dismissed. Inclusion of stock in trade for determining average investments: The CIT(A) directed the AO to include the value of units and shares held as stock in trade for determining average investments while calculating disallowance under section 14A read with Rule 8D(iii). The Tribunal upheld the CIT(A)'s direction, noting that strategic investments capable of yielding exempt income should be included while computing disallowance under section 14A. Method of determining expenses attributable to earning exempt income: The assessee contended that only actual expenditure relatable to earning income should be considered for disallowance and not notional expenditure. The Tribunal found that the AO had correctly applied Rule 8D after not being satisfied with the assessee's claim. The Tribunal dismissed the ground raised by the assessee, noting that the AO's action was in line with the Supreme Court's decision in Godrej & Boyce Manufacturing Co. Ltd. Computation of book profits under section 115JB: The CIT(A) directed the AO to rework the book profits under section 115JB by adopting a higher amount of disallowance under section 14A read with Rule 8D. The Tribunal noted that the issue was covered in favor of the assessee by the decision of the Special Bench of the Delhi Tribunal in ACIT vs. Vireet Investment Pvt. Ltd., which held that computation under section 115JB should be made without resorting to the computation contemplated under section 14A read with Rule 8D. The Tribunal restored the ground of appeal related to the disallowance under section 14A to the AO and directed the AO to compute the book profit under section 115JB by following the decision of the Special Bench. Conclusion: The Tribunal restored the grounds of appeal related to the disallowance under section 14A to the AO with similar directions as given in AY 2008-09, 2009-10, and 2012-13. The appeal of the assessee was allowed for statistical purposes. The Tribunal also restored the ground related to the computation of book profits under section 115JB to the AO, directing computation in line with the Special Bench decision in ACIT vs. Vireet Investment Pvt. Ltd. Final Order: The appeals for both AY 2010-11 and 2011-12 were allowed for statistical purposes, with directions to the AO to re-examine the issues in light of the Tribunal's findings and the Supreme Court's decision in Godrej & Boyce Manufacturing Co. Ltd.
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