2012 (8) TMI 487 - AT - Income Tax

Tribunal upholds disallowance of deduction under Income Tax Act. Rule 8D applies from 2008-09.

The Tribunal upheld the disallowance of deduction under Section 10A of the Income Tax Act, 1961, based on turnover ratio allocation of common expenses. ... Disallowance of deduction u/s 10A - assessee had not allocated the common headquarter expenses aggregating to the 10A unit - Assessee has argued that attribution of expenses of the head office on turnover basis is not correct - Held that:- The head office caters to the needs of all the units and therefore the head office expenses are required to be attributed to the various units and attribution of expenses based on turnover is quite appropriate. While working out the profit of the unit, the indirect expenses incurred in the head office have therefore, been correctly attributed on the basis of turnover - against assessee. Disallowance of expenses under section 14A r.w.r. 8D - Held that:- Rule 8D is applicable only from assessment year 2008-09 and, in respect of prior years, expenses relating to exempt income both direct and indirect have to be computed on a reasonable basis after allowing opportunity of hearing to the assessee - as in this case, CIT (A) has directed the AO to compute the disallowance after allowing opportunity of hearing to the assessee no infirmity in the order of CIT(A) of disallowance - against assessee. Issues:1. Dispute over deduction under section 10A of the Income Tax Act, 1961.2. Disallowance of expenses under section 14A of the Act.Analysis:1. Deduction under Section 10A:The appellant contested the disallowance of deduction under section 10A by the Assessing Officer (AO) for the assessment year 2007-08. The AO noted that common expenses were not correctly apportioned by the assessee, resulting in a loss after allocation. The AO attributed 31.41% of common expenses towards the 10A unit based on turnover ratio, leading to disallowance of the claimed deduction. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO's decision, emphasizing that indirect expenses related to the head office should be allocated based on turnover. The Tribunal concurred with the lower authorities, rejecting the appellant's argument that expenses should be attributed based on the unit's location rather than turnover. The Tribunal upheld the disallowance of deduction under section 10A.2. Disallowance of Expenses under Section 14A:The AO disallowed expenses related to exempt income under section 14A, computed as per Rule 8D with retrospective application. However, the CIT(A) ruled that Rule 8D was prospective and directed the AO to determine the disallowance in accordance with the decision of the Hon'ble Jurisdictional High Court. The Tribunal affirmed the CIT(A)'s decision, highlighting that Rule 8D is applicable only from the assessment year 2008-09. The Tribunal concluded that expenses related to exempt income for prior years should be computed reasonably after providing the assessee with a hearing opportunity. The Tribunal upheld the CIT(A)'s order, dismissing the appeal of the assessee.In conclusion, the Tribunal upheld the disallowance of deduction under section 10A and the computation of expenses under section 14A based on the applicable legal provisions and precedents.