2021 (9) TMI 1411 - AT - Income Tax

Tribunal Upholds Revenue Decisions on Corporate Fees, ESOP Deduction, and Section 14A Disallowance

ACIT, Circle-7 (2) (2), Mumbai Versus M/s Network 18 Media & Investment Ltd.

ACIT, Circle-7 (2) (2), Mumbai Versus M/s Network 18 Media & Investment Ltd. - TMI Issues:1. Reduction of corporate guarantee fee.2. Deduction claimed on employee stock option (ESOP) expenditure.3. Disallowance under section 14A r.w.r. 8D.4. Disallowance under section 14A r.w.s. rule 8D while computing book profit under section 115JB of the Act.Issue 1: Reduction of Corporate Guarantee FeeThe revenue appealed against the decision of the Commissioner (Appeals) to reduce the corporate guarantee fee from 1.5% to 0.5%. The Transfer Pricing Officer (TPO) had determined the fee at 1.5% but the Commissioner (Appeals) restricted it to 0.5%. The Tribunal upheld the decision citing precedents where the jurisdictional High Court had previously upheld charging guarantee commission at 0.5%. The Tribunal dismissed the grounds raised by the revenue, affirming the decision of the Commissioner (Appeals).Issue 2: Deduction claimed on Employee Stock Option (ESOP) ExpenditureThe assessing officer disallowed the deduction claimed on ESOP expenditure, stating it was not crystallized during the year. However, the Commissioner (Appeals) allowed the claim following precedents and held that ESOP expenditure is an allowable deduction under section 37(1) of the Act. The Tribunal upheld the decision of the Commissioner (Appeals) based on previous rulings and dismissed the ground raised by the revenue.Issue 3: Disallowance under Section 14A r.w.r. 8DThe assessing officer computed a disallowance under rule 8D for exempt income earned during the year. However, the Commissioner (Appeals) deleted the disallowance, considering the assessee's submissions regarding interest-free funds available and the computation under rule 8D(2)(iii). The Tribunal agreed with the assessee's contentions, upholding the decision of the Commissioner (Appeals) and dismissing the ground raised by the revenue.Issue 4: Disallowance under Section 14A r.w.s. Rule 8D while Computing Book Profit under Section 115JB of the ActThe revenue challenged the deletion of disallowance made under section 14A r.w.s. rule 8D while computing book profit under section 115JB of the Act. The Tribunal concurred with the Commissioner (Appeals) that the assessing officer cannot invoke the provisions of section 14A r.w.r. 8D for adjusting the book profit under section 115JB. The Tribunal referred to legal precedents to support this decision and dismissed the ground raised by the revenue.In conclusion, the Tribunal dismissed the appeal, upholding the decisions of the Commissioner (Appeals) on all the issues raised by the revenue. The Tribunal provided detailed analyses for each issue, considering legal precedents and interpretations of relevant sections of the Income Tax Act.