2015 (6) TMI 1180 - HC - Income Tax

Tribunal remands tax matter for review, upholds Rs. 20 lakh disallowance.

COMMISSIONER OF INCOME TAX, KOLKATA-III Versus ITC LTD.

COMMISSIONER OF INCOME TAX, KOLKATA-III Versus ITC LTD. - TMI Issues:1. Whether the Income Tax Appellate Tribunal erred in law in deleting the additions made under Section 40A(9) of the Income Tax Act, 1961 by the Assessing OfficerRs.2. Whether the Income Tax Appellate Tribunal erred in law in restricting the disallowance to the extent of Rs. 20 lakhs under the head proportionate management expenses under Section 14A of the Income Tax Act, 1961Rs.Analysis:1. The first issue revolves around the deletion of additions under Section 40A(9) of the Income Tax Act. The Tribunal had not deleted any addition but instead restored the matter to the file of the Assessing Officer for fresh consideration. This decision was based on previous Tribunal orders in similar cases. As the Tribunal did not delete any addition, the first question was not decided based on the impugned judgment and was not required to be addressed.2. The second issue concerns the restriction of disallowance under Section 14A of the Income Tax Act to Rs. 20 lakhs by the Tribunal. The Assessing Officer had disallowed a higher amount based on a thumb rule, which the Tribunal reduced to Rs. 20 lakhs. The Tribunal justified this reduction by citing previous decisions and the lack of a proper basis for the Assessing Officer's calculation. The Tribunal's decision to reduce the disallowance was considered reasonable and logical, as the original amount was based on guesswork. The appellant's argument that the original disallowance was not in accordance with the law was dismissed, and the Tribunal's decision was upheld. Therefore, the second question was answered in the negative, affirming the Tribunal's decision to restrict the disallowance to Rs. 20 lakhs.In conclusion, the appeal was disposed of based on the above analysis of the two issues raised in the judgment.