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2019 (11) TMI 1333 - AT - Income TaxDisallowance u/s. 14A - absence of exempt income - HELD THAT - First of all, we examine the P L account of the assessee company to find out as to whether any exempt income is earned by the assessee in the present year or not. We find that as per the P L account, there is gross income of ₹ 4,95,79,007/- which includes sales of products, interest received, excess provision written off and service income and hence, it is seen that there is no exempt income earned by the assessee in the present year. This is by now settled position of law that in the absence of exempt income, provisions of section 14A cannot be invoked and hence, by respectfully following these various judgments cited by ld. AR of assessee, we delete the disallowance made by the AO and confirmed by ld. CIT(A) u/s. 14A of the IT Act. - Decided in favour of assessee.
Issues:
1. Addition under section 14A of the Income Tax Act 2. Source of funds for investments 3. Actual receipt of exempted income 4. Disallowance under rule 8D(2)(ii) 5. Nexus of expenditure to income earned 6. Reason for rejecting appellant's claim Addition under section 14A of the Income Tax Act: The appeal challenged the addition of ?30,54,794 under section 14A of the Income Tax Act. The appellant argued that the Commissioner of Income Tax (Appeals) erred in confirming the addition. The appellant contended that no exempt income was earned during the relevant period, citing judgments supporting this claim. The Tribunal examined the Profit & Loss account and confirmed that no exempt income was earned, leading to the deletion of the disallowance made by the Assessing Officer and upheld by the CIT(A). Source of funds for investments: The appellant disputed the CIT's assessment of available funds for investments. The CIT's calculation was contested based on the timing of funds and investments. The appellant argued that a cash flow statement was not required as the source of funds was explained in detail. Additionally, the appellant disagreed with the reliance on certain court decisions by the CIT. The Tribunal examined the facts and ruled in favor of the appellant, highlighting the presumption that only free funds were utilized for investments. Actual receipt of exempted income: The appellant emphasized that no income exempt from tax was received, differentiating the case from previous decisions. Citing judgments, the appellant argued that Section 14A does not apply if no exempted income was received during the relevant period. The Tribunal agreed with the appellant's stance, deleting the disallowance under Section 14A due to the absence of exempt income. Disallowance under rule 8D(2)(ii): The issue revolved around the deletion of an addition under rule 8D(2)(ii) by the CIT(A). The Tribunal supported the CIT(A)'s decision, citing various judgments that favored the presumption that the assessee used own funds for investments when both own and borrowed funds were available. The Tribunal upheld the deletion of the addition, finding no reason to interfere with the CIT(A)'s order. Nexus of expenditure to income earned: The appellant argued that there was no nexus between the finance cost incurred and the investments made. Citing court decisions, the appellant contended that disallowance is impermissible under Section 14A without a connection between expenditure and exempted income. The Tribunal considered the appellant's submissions and ruled in favor of the appellant, deleting the disallowance made by the Assessing Officer. Reason for rejecting appellant's claim: The appellant raised concerns about the lack of reasons provided by the Assessing Officer for rejecting the claim and the mechanical application of Section 14A. Citing court decisions, the appellant stressed the importance of recording reasons for disallowances. The Tribunal acknowledged the appellant's argument and granted relief by allowing the appeal and deleting the disallowance made under Section 14A of the Income Tax Act. This detailed analysis of the judgment provides insights into each issue raised by the appellant and the Tribunal's findings on each matter, ensuring a comprehensive understanding of the legal aspects involved.
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