2014 (2) TMI 559 - AT - Income Tax

Assessee partly wins appeal, disallowance reduced to Rs. 1 lac. Revenue's appeal dismissed. Order pronounced 07-02-2014.

Indian Chronicle Ltd. Versus The ACIT, Circle-4, Ahmedabad

The Assessee's appeal was partly allowed, with the disallowance under Section 14A reduced to Rs. 1 lac. The Revenue's appeal was dismissed, confirming the ... Disallowance u/s 14A of the Act – Held that:- The Assessee has earned dividend income of ₹ 1.75 crores - From the copy of the details of interest which has been reproduced by CIT(A) in its order, it is seen that the major interest component is on account of interest on salary paid to the employees as per the decision of Labour Court and Interest on Service Tax - no details are available as to the days on which the dividend was received the amount of dividends, the number of companies in which the Assessee holds investments – thus, the disallowance made by the AO is not warranted but however a disallowance of Rs. one lac made u/s 14A would could be granted – The AO is directed to disallow the disallowance u/s14A of the Act – Decided partly in favour of Assessee. Disallowance expenses u/s. 14A of the Act - Disallowance of claim for depreciation – Held that:- The CIT(A) has noted that the Assessee has itself claimed only aggregate expenditure in the return of income as against the aggregate expenditure debited to the Profit and Loss account - the nature of administrative expenses claimed by the Assessee was in respect of Audit fees, Conveyance, Bank Commission, Office maintenance etc. – Relying upon CIT vs. New Savan Sugar and Gur Refining Company Ltd. [1989 (4) TMI 12 - CALCUTTA High Court] – the expenditure was allowable in view of the fact that the company had to incur various expenditure as it has to maintain its establishment so long as it is in operation and its name is not struck off from the register of the Registrar of Companies - the expenditure made by the AO u/s 14A was already confirmed and the remaining expenditure on depreciation - the Revenue could not controvert the findings of CIT(A) nor has brought any material on records in support of its contention – thus, there is no reason to interfere in the findings of CIT(A) – Decided against Revenue. Issues Involved:1. Validity of the assessment order.2. Disallowance of interest and administrative expenditure under Section 14A read with Rule 8D.3. Disallowance of depreciation.4. Disallowance of expenses due to no business activity.Issue-wise Detailed Analysis:1. Validity of the Assessment Order:- The Assessee challenged the validity of the assessment order, arguing that it contained erroneous additions and was passed without application of mind.- The CIT(A) dismissed this ground, stating it was general in nature and did not require adjudication.- The Assessee contended that the assessment included an addition of Rs. 46.57 lacs, with Rs. 13.49 lacs disallowed under Section 14A without jurisdiction, and Rs. 33.08 lacs due to erroneous disallowance of administrative expenses.- The CIT(A) did not quash the assessment order, maintaining the disallowances.2. Disallowance under Section 14A:- The A.O. disallowed Rs. 13,48,680 under Section 14A, asserting that the Assessee failed to prove the investments were made from interest-free funds.- The CIT(A) upheld this disallowance, stating that the Assessee's claim of no expenditure for earning tax-free income was baseless.- The Tribunal found that the Assessee's interest-free funds exceeded the investments and the major interest expenses were unrelated to the investments.- The Tribunal reduced the disallowance to Rs. 1 lac, considering it sufficient to meet the ends of justice.3. Disallowance of Depreciation:- The CIT(A) upheld the disallowance of depreciation amounting to Rs. 2,35,848.- The Assessee did not press this ground due to the smallness of the amount, and it was dismissed.4. Disallowance of Expenses Due to No Business Activity:- The A.O. disallowed Rs. 33,08,407, noting that the Assessee had no business activity during the year.- The CIT(A) found that the Assessee had claimed only Rs. 18,64,109 in the return, not the entire Rs. 46,61,807 debited in the Profit & Loss Account.- The CIT(A) allowed Rs. 16,28,261 as admissible expenses, including employees' cost and administrative expenses, based on the Calcutta High Court decision in CIT vs. New Savan Sugar & Gur Refining Co. Ltd.- The Tribunal upheld the CIT(A)'s decision, noting that the Revenue did not provide contrary evidence.Conclusion:- The Assessee's appeal was partly allowed, with the disallowance under Section 14A reduced to Rs. 1 lac.- The Revenue's appeal was dismissed, confirming the partial relief granted by the CIT(A) on the disallowance of expenses.- The final order was pronounced in open court on 07-02-2014.