2019 (8) TMI 1860 - HC - Income Tax

High Court Upholds Income Tax Tribunal Decisions on Dividend Income Disallowance

The Pr. Commissioner of Income Tax7 Versus M/s. Mazagaon Dock Ltd.

The Pr. Commissioner of Income Tax7 Versus M/s. Mazagaon Dock Ltd. - TMI Issues:1. Challenge to the order of the Income Tax Appellate Tribunal under Section 260A of the Income Tax Act, 1961 for Assessment Year 2004-05.2. Disallowance under Section 14A of the Act for earning dividend income.3. Netting off prior period income against prior period expenditure for disallowance.Analysis:Issue 1: Challenge to Tribunal's OrderThe appellant challenged the order of the Income Tax Appellate Tribunal dated 1st February, 2016, for Assessment Year 2004-05 under Section 260A of the Income Tax Act, 1961. The questions of law raised by the revenue for consideration were regarding the re-computation of disallowance under Section 14A and the netting off of prior period income against prior period expenditure without ascertaining the nexus between income and expenditure.Issue 2: Disallowance under Section 14ARegarding the disallowance under Section 14A for earning dividend income, the Respondent had invested in a company and received dividend income. The Assessing Officer disallowed the expenditure claimed on earning dividend income. However, the Commissioner of Income Tax (Appeals) allowed the appeal and held that a disallowance of 5% of the dividend income on a reasonable basis would be appropriate. The Tribunal upheld this decision, citing the inapplicability of Rule 8D prior to Assessment Year 2008-09 as per the judgment in Godrej & Boyce Manufacturing Company Ltd. v/s. DCIT. The Tribunal dismissed the Revenue's appeal for Assessment Year 2004-05, aligning with the decisions of the Court and the Supreme Court.Issue 3: Netting off Prior Period IncomeRegarding the netting off of prior period income against prior period expenditure for disallowance, the Respondent set off the two amounts and offered only the net amount of expenses for disallowance. While the Assessing Officer and Commissioner of Income Tax (Appeals) did not accept this method, the Tribunal found the Respondent justified in computing the disallowance after setting off prior period income against prior period expenses. The Tribunal's decision was supported by the consistency in the Revenue's acceptance of this practice for a subsequent period where the set off resulted in income subjected to tax. The Tribunal's view was deemed consistent with principles and not found faulted with, leading to the dismissal of the appeal.In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decisions on both issues as they did not give rise to any substantial question of law.