2017 (7) TMI 1291 - HC - Income Tax

Court rejects Revenue appeal on disallowances under tax law. Interest expenses deemed justified.

PRINCIPAL COMMISSIONER OF INCOME TAX-2 Versus GMM PFAULDER LTD

The High Court dismissed the Revenue's appeal against the judgments of the lower authorities regarding disallowances under section 14A of the Act read ... Disallowance u/s. 14A r.w. Rule 8D - disallowance on account of proportionate interest expenses u/s.36(1)(iii) on the interest free funds advance to it subsidiary companies - CIT (Appeals) as well as the Tribunal held on facts that the disallowances were not justified - as held that the assessee has sufficient interest free funds and there was nothing on record to suggest that interest bearing funds were diverted for investment - HELD THAT:- We notice that both these questions were considered by the Division Bench of this Court in GMM PFAULDER LTD. [2014 (10) TMI 1002 - GUJARAT HIGH COURT] concerning the same assessee for earlier assessment year. These questions were rejected as being only factual in nature. This Tax Appeal is also therefore dismissed. Issues:1. Disallowance under section 14A of the Act read with Rule 8D2. Disallowance of interest expenses under section 36(1)(iii) of the ActAnalysis:Issue 1 - Disallowance under section 14A of the Act read with Rule 8D:The appeal was against the judgment of the Income Tax Appellate Tribunal regarding the disallowance under section 14A of the Act read with Rule 8D. The Revenue questioned the Tribunal's decision to restrict the disallowance to a certain amount, which was significantly lower than the disallowance made by the Assessing Officer. Both the Commissioner of Income Tax (Appeals) and the Tribunal found that the disallowance was not justified. They concluded that the assessee had enough interest-free funds and no evidence suggested that interest-bearing funds were used for investments. The High Court noted that similar questions were previously considered by a Division Bench for an earlier assessment year of the same assessee, where the questions were deemed factual and not substantial legal issues. Consequently, the High Court dismissed the appeal, upholding the Tribunal's decision on the disallowance under section 14A of the Act.Issue 2 - Disallowance of interest expenses under section 36(1)(iii) of the Act:The second issue in the appeal concerned the disallowance of interest expenses claimed under section 36(1)(iii) of the Act. The Assessing Officer had made a disallowance on the interest expenditure related to funds advanced to subsidiary companies. However, both the Commissioner of Income Tax (Appeals) and the Tribunal found that this disallowance was not warranted. They reasoned that the assessee had sufficient interest-free funds available, and there was no indication that interest-bearing funds were utilized for the advances made. The High Court, considering the previous decision on similar factual questions, upheld the findings of the lower authorities and dismissed the appeal related to the disallowance of interest expenses under section 36(1)(iii) of the Act.In conclusion, the High Court, comprising MR. JUSTICE AKIL KURESHI and MR. JUSTICE BIREN VAISHNAV, dismissed the Revenue's appeal against the judgments of the lower authorities regarding the disallowances under section 14A of the Act read with Rule 8D and the disallowance of interest expenses under section 36(1)(iii) of the Act. The Court concurred with the findings that the disallowances were not justified based on the facts of the case, emphasizing the availability of interest-free funds and the absence of evidence indicating the diversion of interest-bearing funds for investments.