2015 (2) TMI 1329 - AT - Income Tax

Tribunal limits disallowance to align with exempt income under Section 14A

The Tribunal partly allowed the appeal concerning disallowance of interest expenditure and administrative expenses under section 14A of the Act. It held ... Disallowance of interest expenditure u/s 14A - AO observed that the assessee must have made expenditure for earning the exempt income - disallowance of administrative expenses - contention of the assessee is that the disallowance made should not exceed the exempt dividend income - HELD THAT:- Mumbai Bench of the Tribunal in the case of Daga Global Chemicals P. Ltd. Vs. DCIT [2015 (1) TMI 1204 - ITAT MUMBAI] held that disallowance under section 14A read with Rule. 8D cannot exceed the exempt income. Respectfully following the same, we direct the AO to restrict the disallowance on account of interest and administrative expenses to ₹ 33,446/-. Thus, the grounds of the appeal of the assessee are partly allowed. Issues:1. Disallowance of interest expenditure under section 14A of the Act.2. Disallowance of administrative expenses under section 14A of the Act.Issue 1 - Disallowance of interest expenditure under section 14A of the Act:The case involved an appeal against the CIT(A)'s order confirming the AO's disallowance of interest expenditure of Rs. 2,27,328 under section 14A of the Act. The AO disallowed the expenditure as the assessee had not made any disallowance for earning exempt dividend income. The CIT(A) directed the AO to exclude certain interest expenses and make a pro-rata disallowance. The AR argued that the disallowance should not exceed the exempt income. The Tribunal, citing a Mumbai Bench case, held that disallowance under section 14A cannot exceed the exempt income. Consequently, the AO was directed to restrict the disallowance to Rs. 33,446, partly allowing the appeal.Issue 2 - Disallowance of administrative expenses under section 14A of the Act:The second issue was the disallowance of administrative expenses at a rate of 0.5%, amounting to Rs. 76,566, under section 14A of the Act. The CIT(A considered this disallowance fair and reasonable, confirming it. However, following the same principle as the disallowance of interest expenditure, the Tribunal directed the AO to restrict the disallowance of administrative expenses to Rs. 33,446, in line with the exempt income. Consequently, the appeal was partly allowed.In conclusion, the Tribunal's judgment focused on limiting the disallowance of interest expenditure and administrative expenses under section 14A of the Act to not exceed the exempt income, as established in a previous Mumbai Bench case. The appeal was partly allowed, with the disallowances restricted to Rs. 33,446 each.