2024 (12) TMI 38 - AT - Income Tax

Disallowance u/s 14A r.w.r. 8D - HELD THAT - Where assessee s own funds and other non-interest bearing funds were more than the investment in tax free securities no disallowance u/s 14A can be made. See Cyquator Media Services Pvt. Ltd. vs DCIT 2023 (7) TMI 855 - ITAT MUMBAI . Appeal of the assessee is allowed.

Summary

Issues:
Disallowance under section 14A of the Income Tax Act, 1961 regarding interest expenses incurred, applicability of Rule 8D, treatment of interest income earned on current account, and the correctness of the ld. CIT(A)'s decision.

Analysis:
The appeal was against the order passed by the ld. Commissioner of Income-tax (Appeal), NFAC, Delhi for the assessment year 2020-21. The primary issue raised was the disallowance of Rs. 24,51,171/- under section 14A of the Income Tax Act, 1961 r.w. Rule 8D. The assessing officer observed that the assessee had earned income from investments, part of which was claimed as exempt u/s 10(2A) of the Act. Consequently, a disallowance was computed under section 14A r.w. Rule 8D and added to the total income of the assessee.

The ld. CIT(A) dismissed the appeal of the assessee, leading to the matter being brought before the Appellate Tribunal. The Tribunal noted that the assessee had invested in various firms and earned income, including share of profit and interest income. The AO determined interest expenditure of Rs. 24,51,171/- related to the income claimed as exempt u/s 10(2A) and added it to the total income. However, the assessee demonstrated that the investment made was from its own capital and not borrowed funds. Additionally, the interest income earned from the current account had already been offered for tax without being claimed as exempt income.

The ld. Counsel cited precedents where it was held that no disallowance under section 14A can be made when the assessee's own funds and non-interest bearing funds exceeded the investment in tax-free securities. Furthermore, it was highlighted that if interest earned from the current capital account has been offered for tax, no disallowance can be imposed.

Based on the facts and findings, the Tribunal concluded that the decision of the ld. CIT(A) confirming the disallowance under section 14A was not legally sustainable. Citing relevant decisions, the Tribunal held that the disallowance made under section 14A should be deleted. Consequently, the grounds of appeal of the assessee were allowed, resulting in the appeal being allowed.

In conclusion, the Tribunal ruled in favor of the assessee, deleting the disallowance made under section 14A of the Income Tax Act, 1961.