2010 (11) TMI 663 - AT - Income Tax

Tribunal decision: Assessee's appeal partly allowed, revenue's appeal partly allowed. Fresh assessment required.

Padmakshi Financial Services (P) Ltd. Versus ACIT

The Tribunal partially allowed the assessee's appeal and partly allowed the revenue's appeal, remanding the issues to the Assessing Officer for fresh ... Disallowance u/s 14A - Rule 8D - assessee is a company engaged in the business of share broking, trading, arbitrage and investment in share and securities - when Rule 8D was not applicable, the Assessing Officer must adopt a reasonable basis or method consistent with all the relevant facts and circumstances after furnishing a reasonable opportunity to the assessee to place all germane material on the record - Decided in favour of the assessee by way of remand to AO Regarding penalty levied by the Stock Exchange/clearing corporation for violation of its bye-laws for procedural matter - unless the nature of penalty is spelt out, it cannot be concluded as to whether the payment in question is for infraction of law or compensatory in nature. If the payment in question is compensatory, then the assessee would be entitled to claim deduction - Decided in favour of the assessee by way of remand to AO Regarding disallowance u/s 40(a)(ia) - This issue had come up consideration in assessee's own case in the earlier assessment year and this Tribunal confirmed similar orders of the CIT(A) ITA No.5943/Mum/2009 for A.Y.2005-06 - Appeal is dismissed The payments made are in lieu of services rendered for carrying out certain work and the payments made therein fall within the purview of sec. 194C of the I.T. Act since it is the assessee who has to carry out the work of jobbing through one set of jobbers or another year after year - Appeal is allowed for statistical purpose Issues Involved:1. Disallowance under Section 14A of the Income Tax Act.2. Disallowance of penalty paid to Stock Exchange under Section 37(1) of the Income Tax Act.3. Disallowance of leaseline and transaction charges under Section 40(a)(ia) of the Income Tax Act.4. Disallowance of payments to jobbers/arbitragers under Section 40(a)(ia) of the Income Tax Act.Issue-wise Detailed Analysis:1. Disallowance under Section 14A of the Income Tax Act:The assessee challenged the disallowance of Rs.12,43,824/- made under Section 14A read with Rule 8D for expenses incurred to earn exempt income. The assessee argued that it had estimated Rs.10,000/- as a reasonable expense for earning exempt income. The Tribunal referenced the Bombay High Court's decision in Godrej and Boyce Mfg. Co. Ltd. vs. Dy. Commissioner of Income Tax, which established that Rule 8D applies from the Assessment Year 2008-09 onwards. For prior years, the Assessing Officer must adopt a reasonable basis for determining the disallowable expenditure. Consequently, the Tribunal set aside the CIT(A)'s order and remanded the issue to the AO for fresh consideration, ensuring a reasonable opportunity for the assessee to present relevant material.2. Disallowance of penalty paid to Stock Exchange under Section 37(1) of the Income Tax Act:The assessee contested the disallowance of Rs.24,221/- paid as a penalty to the Stock Exchange, arguing that it did not fall under Explanation to Section 37(1). The AO had disallowed the amount, considering it a penalty for law violation. The Tribunal noted that the AO and CIT(A) had not clarified the nature of the penalty. It remanded the issue to the AO to determine whether the penalty was compensatory or for infraction of law, allowing the assessee to provide supporting documents.3. Disallowance of leaseline and transaction charges under Section 40(a)(ia) of the Income Tax Act:The revenue appealed against the CIT(A)'s deletion of the disallowance of Rs.1,53,236/- for leaseline and transaction charges. The AO had disallowed these charges because the assessee did not deduct tax at source, considering them payments for technical services. The CIT(A) followed the Tribunal's decision in Kotak Securities v. Addl. CIT, which held that fees paid to the Stock Exchange are not for technical services, thus not requiring TDS. The Tribunal upheld the CIT(A)'s order, dismissing the revenue's ground.4. Disallowance of payments to jobbers/arbitragers under Section 40(a)(ia) of the Income Tax Act:The revenue contested the CIT(A)'s deletion of the disallowance of Rs.65,50,269/- paid to jobbers/arbitragers without deducting tax at source. The AO had disallowed the payments, considering them subject to TDS under Section 194C. The CIT(A) ruled that the relationship between the assessee and jobbers was principal-to-principal, not requiring TDS. The Tribunal referred to its decision in the assessee's earlier case, which remanded the issue to the AO for fresh adjudication. Similarly, the Tribunal set aside the CIT(A)'s order and remanded the issue to the AO for fresh consideration, following the directions given in the previous assessment year.Conclusion:The Tribunal allowed the assessee's appeal for statistical purposes and partly allowed the revenue's appeal for statistical purposes, remanding the relevant issues to the AO for fresh adjudication. The judgment emphasized the need for a reasonable basis for disallowances and proper examination of the nature of payments and penalties.