2020 (11) TMI 1087 - HC - Income Tax

Assessee victorious as Court rejects disallowances under 14A & 115JB for banking companies

THE COMMISSIONER OF INCOME-TAX, THE ADDL. COMMISSIONER OF INCOME-TAX Versus M/s. CANARA BANK

The Court ruled in favor of the assessee on all issues. It found in line with previous judgments that disallowance of expenditure of earning exempt income ... Disallowance of expenditure of earning exempt income u/s 14A - addition to book profits under Section 115 JB towards expenditure on exempt income - HELD THAT:- Substantial questions of law No.1 and 4 are answered against the revenue by judgment passed by a Bench of this Court [2020 (1) TMI 1141 - KARNATAKA HIGH COURT] and connected matter. Deprecation on HTM category of investments - HELD THAT:- As further submitted that the substantial question of law No.2 is answered against the revenue by a Bench of this Court in ‘KARNATAKA BANK LTD [2013 (7) TMI 656 - KARNATAKA HIGH COURT] as further submitted that substantial question of law No.3 is covered by the judgment passed by a Bench of this Court [2020 (1) TMI 1116 - KARNATAKA HIGH COURT] and connected matters. The aforesaid submission could not be disputed by learned counsel for the revenue. We answer the substantial questions of law framed in these appeals against the revenue and in favour of the assessee. Issues:1. Disallowance of expenditure of earning exempt income under Section 14A of the Income Tax Act, 1961.2. Disallowance of depreciation on HTM category of investments for banking companies.3. Applicability of Section 115JB to banking companies.4. Addition to book profits under Section 115JB towards expenditure on exempt income.Analysis:1. The first issue revolves around the disallowance of expenditure of earning exempt income under Section 14A of the Income Tax Act, 1961. The Tribunal had set aside the disallowance, which the revenue challenged. However, the counsel for the assessee pointed out that similar issues had been decided against the revenue in previous judgments by the High Court. The Court agreed with the assessee's counsel and ruled in favor of the assessee based on the precedent set by earlier judgments. Therefore, the substantial question of law regarding this issue was answered against the revenue and in favor of the assessee.2. The second issue concerns the disallowance of depreciation on HTM category of investments for banking companies. The Tribunal had set aside the disallowance, which was disputed by the revenue. The counsel for the assessee referred to a specific case involving a bank where a similar issue was decided against the revenue by the High Court. The Court upheld the precedent and ruled in favor of the assessee, answering the substantial question of law against the revenue.3. The third issue relates to the applicability of Section 115JB to banking companies. The Tribunal had set aside the provisions of Section 115JB for banking companies, which was challenged by the revenue. The counsel for the assessee cited a judgment by the High Court in a related matter where the Tribunal's decision was upheld. The Court, based on the previous judgment, answered the substantial question of law against the revenue and in favor of the assessee.4. The fourth issue involves the addition to book profits under Section 115JB towards expenditure on exempt income. The Tribunal had held that no disallowance could be made under Section 14A in respect of exempt income, leading to a question of adding back the amount of disallowances to the book profits. The Court found that the addition to book profits under Section 115JB towards expenditure on exempt income was purely academic in nature. Since the Tribunal had already ruled that no disallowance could be made under Section 14A for exempt income, the question of adding back the amount of disallowances to the book profits did not arise. Therefore, the Court dismissed the appeals as it did not find merit in them based on the aforementioned reasons and judgments.