2014 (6) TMI 836 - AT - Income Tax

Appellant's Appeal Partially Allowed: Analysis of Interest and Administrative Expenses Disallowance

M/s PN WRITER & CO PVT LTD Versus ASSTT COMMISSIONER OF INCOME TAX

M/s PN WRITER & CO PVT LTD Versus ASSTT COMMISSIONER OF INCOME TAX - TMI Issues Involved:1. Disallowance of interest expenditure under section 143(3) of the Income Tax Act, 1961 for the assessment year 2008-09.2. Disallowance of administrative expenses in relation to exempt income under rule 8D(2)(iii).3. Non-granting of interest under section 244A on self-assessment tax paid.Analysis:Issue 1: Disallowance of Interest ExpenditureThe appellant challenged the disallowance of interest expenditure by the Assessing Officer under rule 8D(2)(ii) for investments in shares made out of own and surplus funds. The appellant argued that the disallowance was based on a previous year's order and had sufficient surplus funds for investments. The Tribunal upheld the Commissioner (Appeals)'s decision to restrict the disallowance at Rs. 1,38,036, considering the utilization of loans for business purposes and investments made from cash credit bank accounts. The Tribunal found the decision reasonable and legally correct, dismissing the appellant's contentions.Issue 2: Disallowance of Administrative ExpensesRegarding administrative expenses disallowance under rule 8D(2)(iii), the appellant contended that no expenditure was attributable to investment or earning exempt income. The Commissioner (Appeals) upheld the disallowance, stating that indirect expenses related to earning exempt income must be considered. The Tribunal agreed with the Commissioner (Appeals), applying rule 8D(2)(iii) as no specific details were provided to differentiate expenses. Previous Tribunal decisions were cited to support the application of rule 8D, leading to the dismissal of the appellant's grounds.Issue 3: Non-Granting of Interest under Section 244AThe appellant claimed interest under section 244A on self-assessment tax paid before filing the return of income. The Commissioner (Appeals) denied interest, stating the tax was paid on an estimated basis before filing the return. The Tribunal disagreed, citing section 140A(1) that includes self-assessment tax as tax already paid under the Act. Relying on precedents, the Tribunal allowed the appellant's claim for interest under section 244A from the date of payment till the refund date, contrary to the Commissioner (Appeals)'s decision.In conclusion, the Tribunal partially allowed the appellant's appeal, upholding the disallowance of interest expenditure and administrative expenses but granting interest under section 244A on self-assessment tax paid. The judgment provides a detailed analysis of each issue raised by the appellant, applying legal provisions and precedents to reach a reasoned decision.