2015 (6) TMI 1 - AT - Income Tax

ITAT rules on disallowance under section 14A and non-remittance of PF/ESI contributions

VBC Industries Ltd. And Others Versus Dy. Commissioner of Income-tax, Circle – 3 (3), Hyd. And Others

VBC Industries Ltd. And Others Versus Dy. Commissioner of Income-tax, Circle – 3 (3), Hyd. And Others - TMI Issues:1. Disallowance of expenditure u/s 14A of the Act.2. Disallowance made for non-remittance of employees' contribution to PF and ESI within the due date.Issue 1: Disallowance of expenditure u/s 14A of the Act:The appeals by the assessee and the department were against orders of the ld. CIT(A)-IV, Hyderabad for AYs 2008-09, 2009-10, and 2010-11. The main issue raised was the disallowance of expenditure u/s 14A of the Act. The AO disallowed the expenditure for earning exempt income based on investments made by the assessee in shares. The ld. CIT(A) restricted the disallowance to specific amounts diverted from interest-bearing funds for investments in shares. The department objected to this relief, while the assessee argued that no disallowance u/s 14A should be made as no exempt income was earned. The ITAT held that if no exempt income was earned, no disallowance u/s 14A could be made, following precedents and remitted the matter back to the AO for verification.Issue 2: Disallowance for non-remittance of employees' contribution to PF and ESI:The AO disallowed the expenditure claimed by the assessee due to delayed remittance of employees' contribution to PF and ESI. The ld. CIT(A) allowed the expenditure as deductible u/s 43B since the remittance was made before the due date of filing the return u/s 139(1). The department contended that employee's contribution should not be covered under section 43B, citing a specific High Court decision. However, the ITAT upheld the ld. CIT(A)'s decision, considering conflicting High Court decisions and following the principle favoring the assessee. The ITAT allowed the appeals of the assessee for statistical purposes and dismissed the appeals of the revenue.In conclusion, the ITAT decision in the case addressed the issues of disallowance of expenditure u/s 14A of the Act and disallowance for non-remittance of employees' contribution to PF and ESI. The judgment provided detailed analysis, considered precedents, and remitted the matter back to the AO for one issue while upholding the ld. CIT(A)'s decision for the other issue.