2014 (4) TMI 1301 - AT - Income Tax

Tribunal to Reconsider Tax Disallowances, Limit to 1% of Exempt Income; Rule 8D Applies Prospectively, Says HC.

The HC directed the Tribunal to reconsider disallowances under section 14A of the Income-tax Act, 1961, limiting them to 1% of exempted income for the ... Disallowance u/s 14A r.w.r 8D - applicability of Rule 8D - HELD THAT:- Hon’ble High Court in in Birla Corporation Limited Versus Commissioner of Income Tax-II, Kolkata [2014 (2) TMI 1032 - CALCUTTA HIGH COURT] has held “the applicability of Rule 8D is prospective”. At the outset, assessee fairly stated that the Tribunal is taking a consistent view as regards the disallowance u/s. 14A of the Act that 1% is to be disallowed of the exempted income. Tribunal Kolkata Bench has also confirmed the same in many cases, one of the same is in the case of Select Products Pvt. Ltd. [2014 (3) TMI 1218 - ITAT KOLKATA] Hence, we direct the AO to recompute the disallowance by restricting at 1% of the exempted income. We direct the AO accordingly. Issues Involved:1. Disallowance under section 14A of the Income-tax Act, 1961.2. Applicability of Rule 8D for disallowance.3. Consistency in the Tribunal's view on disallowance.4. Directions by the Hon'ble High Court for reconsideration of disallowance.5. Dismissal of all appeals and cross objections.Analysis:Issue 1: Disallowance under section 14AThe case involved appeals by the revenue against the orders of CIT(A)-VI, Kolkata regarding assessments for various Assessment Years. The Assessing Officer had framed assessments under section 143(3) of the Income-tax Act, 1961. The Hon'ble High Court directed the Tribunal to consider the disallowance under section 14A of the Act. The Tribunal was instructed to recompute the disallowance by restricting it to 1% of the exempted income for the relevant Assessment Years. The Tribunal had a consistent view on this matter, as seen in previous cases, and directed the Assessing Officer to make the necessary adjustments accordingly.Issue 2: Applicability of Rule 8DThe Hon'ble High Court clarified that the applicability of Rule 8D for disallowance under section 14A is prospective. The Tribunal's consistent view was to disallow 1% of the exempted income for such cases. The directions given by the High Court emphasized the need for the Tribunal to consider the views expressed by the Court on the questions of law related to disallowance under section 14A.Issue 3: Consistency in Tribunal's ViewThe Tribunal, including the Kolkata Bench, had consistently upheld the disallowance of 1% of exempted income under section 14A. The Tribunal's approach was in line with previous decisions, ensuring uniformity in the treatment of such disallowances. This consistency was a key factor in the directions provided by the Hon'ble High Court for reconsideration of the disallowance.Issue 4: Directions by the Hon'ble High CourtThe Hon'ble High Court set aside the matter for the consideration of disallowance under section 14A by the Tribunal. The Court's directions highlighted the importance of following the views expressed by the Court on the relevant legal questions. The Tribunal was tasked with reevaluating the disallowance in light of the High Court's guidance and previous consistent decisions.Issue 5: Dismissal of Appeals and Cross ObjectionsUltimately, the Tribunal dismissed all appeals by the revenue and cross objections by the assessee. The decision was made after considering the directions from the Hon'ble High Court and the consistent approach taken by the Tribunal in similar cases. The order was pronounced in the open court, bringing the matter to a conclusion.This detailed analysis of the judgment highlights the key issues, legal interpretations, and directions provided by the Hon'ble High Court for the Tribunal's reconsideration of the disallowance under section 14A of the Income-tax Act, 1961.