2012 (9) TMI 1038 - AT - Income Tax

Tribunal Clarifies Income Tax Treatment for Dividend & Securities Transactions

The Dy Commr of Income Tax 4 (3), Mumbai Versus M/s JGA Shah Share Brokers P Ltd & VICE VERSA

The Dy Commr of Income Tax 4 (3), Mumbai Versus M/s JGA Shah Share Brokers P Ltd & VICE VERSA - TMI Issues Involved:1. Disallowance u/s 14A of the Act.2. Rebate allowable u/s 88E.3. Gross income from SIT transaction.4. Addition of SIT paid to Total Income.5. Deduction of direct expenses for determining income from dealing in shares & securities.Summary:1. Disallowance u/s 14A of the Act:The assessee challenged the disallowance of expenditure u/s 14A by the Assessing Officer (AO). The CIT(A) held that Rule 8D was not applicable for the AY under consideration but section 14A was applicable. The CIT(A) directed the AO to re-compute the disallowance by applying a ratio based on the proportion of transactions yielding dividend income to total transactions. The Tribunal found no specific expenditure incurred for earning dividend income and ruled that no disallowance is called for when no actual expenditure has been incurred by the assessee for earning dividend income, following the decision of the Karnataka High Court in CCI Ltd vs JCITG.2. Rebate allowable u/s 88E:The AO restricted the rebate allowable u/s 88E to Rs. 12,31,251/- by applying a ratio of share trading income to total income. The CIT(A) upheld this methodology. The Tribunal directed the AO to apportion the common expenditure based on turnover rather than income and to verify whether the gross income shown by the assessee was before or after the deduction of STT. If the gross income was without deduction of STT, then no addition can be made for computation of rebate u/s 88E.3. Gross income from SIT transaction:The AO adopted the gross income from SIT transaction at Rs. 99,15,737/- as against Rs. 71,79,060/- declared by the assessee, alleging no specific denial by the assessee regarding the deduction of STT paid. The Tribunal directed the AO to verify whether the gross income shown by the assessee was before or after the deduction of STT and to consider the addition accordingly.4. Addition of SIT paid to Total Income:The AO added Rs. 27,36,677/- paid as STT to the total income, alleging no specific denial by the assessee. The Tribunal directed the AO to verify the facts and consider the addition based on whether the gross income was shown before or after the deduction of STT.5. Deduction of direct expenses for determining income from dealing in shares & securities:The AO did not adjust the direct expenditure of Rs. 12,37,578/- while computing the total income. The CIT(A) directed the AO to allow this deduction while determining the income related to STT. The Tribunal clarified that the deduction of Rs. 12,37,578/- is allowable both for computing the STT income for rebate u/s 88E and for computing the total income.Conclusion:The appeal filed by the assessee was partly allowed for statistical purposes, and the appeal of the revenue was dismissed. The Tribunal directed the AO to re-compute the disallowances and rebates based on the clarified methodologies and verifications.