2017 (5) TMI 1788 - AT - Income Tax

Assessee's Appeal Partially Allowed on Disallowance of Expenses for Dividend Income

M/s Bombay Dyeing & Mfg. Co. Ltd. Versus ACIT (OSD), Circle 2 (1), Mumbai.

The appeal was filed by the Assessee against the Dispute Resolution Panel-II's order for the assessment year 2006-07, specifically challenging the ... Disallowance u/s 14A r.w.r 8D - Assessee submits that assessment year being 2006-07, the provisions of Rule 8D have no application - HELD THAT:- As perused the order of this Tribunal in Assessee’s own case for earlier assessment years. The Coordinate Bench considered similar situation for the assessment years 2004-05 and 2005-06 [2016 (4) TMI 1427 - ITAT MUMBAI] and directed that 2% of the dividend income be disallowed as expenses attributable for earning dividend income u/s 14A Following the said order, we direct the Assessing Officer to compute the disallowance at 2% of the exempt income during this assessment year also u/s 14A of the Act. Appeal of the Assessee is partly allowed. Issues: Disallowance under section 14A of the Income Tax Act for the assessment year 2006-07Analysis:The appeal was filed by the Assessee against the order of the Dispute Resolution Panel-II, Mumbai for the assessment year 2006-07. The Assessee raised various grounds, but during the hearing, it was clarified that only the disallowance made under section 14A of the Act was being pressed. The Counsel for the Assessee argued that Rule 8D should not apply for the assessment year 2006-07. The Assessing Officer had disallowed expenses related to earning dividend income under Rule 8D, which was upheld by the Dispute Resolution Panel-II. The Counsel referred to a previous decision by the Tribunal in the Assessee's case for assessment years 2004-05 and 2005-06, where it was held that Rule 8D was not applicable before 2008-09. It was decided that a reasonable disallowance should be made, and in this case, 2% of the exempt income was suggested to be disallowed under section 14A of the Act.The Dispute Resolution Panel-II's decision was supported by the Learned DR. The Tribunal considered the previous decision in the Assessee's case for assessment years 2004-05 and 2005-06, where it was directed to disallow 2% of the dividend income as expenses attributable to earning dividend income under section 14A of the Act. Following this precedent, the Tribunal directed the Assessing Officer to compute the disallowance at 2% of the exempt income for the assessment year 2006-07 under section 14A of the Act. As a result, the appeal of the Assessee was partly allowed, and the order was pronounced on May 19, 2017.