2019 (1) TMI 32 - AT - Income Tax

Tribunal rules no disallowance under Section 14A, aligning with High Court precedents. No addition to book profits under Section 115JB.

The Tribunal upheld the CIT(A)'s decision, ruling that disallowance under Section 14A of the Income Tax Act was not justified as there was no tax-free ... Disallowance u/s 14A resulting an impact on the book profit under section 115JB - MAT - Held that:- In the present case there is no addition made under section 14A. This is an additional aspect. Hence, facts in the present case rather on better footing than in the case of Gujarat Flurochemicals Ltd.[2018 (8) TMI 857 - ITAT AHMEDABAD]]. Otherwise there is no disparity on the issue. The Tribunal in the case of Gujarat Flurochemicals (supra) held that the amounts disallowed under section 14A r.w. rule 8D do not deserves to be added back to the book profit for consideration under section 115JB. The question has been replied in favour of the assessee, and hence, it could not be added back. Similar view has been taken in the case of Torrent Cable Ltd. [2018 (6) TMI 743 - ITAT AHMEDABAD]. Therefore, respectfully following order of the Coordinate Bench (where both of us are party to the earlier orders) we do not find any merit in this appeal of the Revenue. - Decided in favour of assessee. Issues Involved:1. Disallowance under Section 14A of the Income Tax Act, 1961.2. Impact on book profit under Section 115JB of the Income Tax Act, 1961.Detailed Analysis:1. Disallowance under Section 14A of the Income Tax Act, 1961:The primary issue in this case was whether disallowance under Section 14A of the Income Tax Act, 1961, was justified when the assessee had no tax-free income. The assessee, engaged in manufacturing bearing cages, filed its return of income declaring a total income of Rs. 27,37,55,058/-. During scrutiny assessment, the Assessing Officer (AO) worked out a disallowance of Rs. 89,19,604/- using the formula in Rule 8D, despite the assessee having no dividend income. The Commissioner of Income Tax (Appeals) [CIT(A)] deleted the additions, following the decision of the Hon’ble Gujarat High Court in CIT Vs. Correctech Energy P. Ltd., which held that if there is no tax-free income, there cannot be any disallowance under Section 14A.The Tribunal found that the CIT(A) correctly deleted the disallowance as per the precedent set by the Gujarat High Court. The Tribunal emphasized that without tax-free income, estimating expenditure related to such income is not warranted.2. Impact on Book Profit under Section 115JB of the Income Tax Act, 1961:The second issue was whether the disallowance under Section 14A should be added back to the book profit for the purpose of Section 115JB. The Tribunal discussed this issue elaborately, referencing the Special Bench decision in CIT Vs. Vireet Investment P. Ltd., which concluded that amounts disallowed under Section 14A should not be added back to the book profit under Section 115JB.The Tribunal considered various precedents, including the decisions of the Hon’ble Gujarat High Court in CIT Vs. Alembic Ltd. and the Hon’ble Bombay High Court in CIT Vs. Bengal Finance & Investment P. Ltd. Both courts had held that disallowances under Section 14A should not be added to book profits for Section 115JB purposes. The Tribunal found that the CIT(A) had correctly followed these precedents.The Tribunal noted that the CIT-DR relied on the order of the ITAT, Mumbai in DCIT Vs. Viraj Profiles Ltd., which supported the AO's view. However, the Tribunal gave precedence to the decisions of the Gujarat and Bombay High Courts and the Special Bench decision in Vireet Investment P. Ltd.The Tribunal also referenced the Hon’ble Delhi High Court's contradictory decisions in CIT Vs. Geotze India Ltd. and Pr. CIT Vs. Bhushan Steel. The Special Bench had decided to follow the decision in Bhushan Steel, which held that disallowance under Section 14A should not be added to book profits under Section 115JB.Ultimately, the Tribunal concluded that no addition to book profit should be made based on Section 14A calculations. This conclusion was consistent with the Tribunal's earlier decisions in the cases of Gujarat Fluorochemicals Ltd. and Torrent Cable Ltd.Conclusion:The Tribunal dismissed the Revenue's appeal, affirming that no disallowance under Section 14A should be made when there is no tax-free income and that such disallowances should not be added back to book profits under Section 115JB. The decision was pronounced in the Open Court on 12th October 2018.