2014 (7) TMI 256 - AT - Income Tax

Tribunal upholds assessee's netting off method for interest income and expenditure, dismissing Revenue's appeal.

Income Tax Officer Versus M/s. Jiwrajka Associates Pvt. Ltd.

Income Tax Officer Versus M/s. Jiwrajka Associates Pvt. Ltd. - TMI Issues:1. Disallowance under section 14A read with Rule 8D of the Income Tax Rules.2. Netting off of interest income against expenditure incurred for interest in earning exempt income.Analysis:1. The appeal was filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance under section 14A read with Rule 8D of the Income Tax Rules for the assessment year 2009-10. The assessee, engaged in securities investment and textile trading, had suo-moto disallowed a certain amount, which was subsequently deleted by the CIT(A). The Revenue challenged this deletion, raising specific grounds related to the disallowance amount and the netting off of interest income against expenditure incurred for earning exempt income.2. The primary issue revolved around the calculation of disallowance under section 14A. The assessee had disclosed exempt dividend income received from a group company, which was funded through a term loan. The assessee had pledged shares purchased from the loan as security, with provisions for margin money adjustments based on the security's value. The interest income earned on additional deposits with the lender was netted off against interest expenditure for the loan amount. The AO, however, disallowed the interest income netting and added it to the disallowance, leading to the appeal.3. The CIT(A) analyzed the case and observed a direct nexus between the loan, interest payments, interest received on margin money, and investments made. The CIT(A) found merit in the assessee's netting off approach, considering the source of funds for investment and expenditure were the same. Relying on precedent, the CIT(A) upheld the assessee's action of adjusting interest income against expenditure, leading to the deletion of the additional disallowance made by the AO.4. The Tribunal concurred with the CIT(A)'s decision, emphasizing the direct connection between the loan, interest payments, interest received, and investments. The Tribunal affirmed that the assessee's netting off of interest income against expenditure was justified, as the source and destination of funds were interconnected. Consequently, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s order.In conclusion, the judgment addressed the disallowance under section 14A read with Rule 8D and the validity of netting off interest income against expenditure incurred for earning exempt income, ultimately ruling in favor of the assessee and dismissing the Revenue's appeal.