2019 (2) TMI 1543 - AT - Income Tax

Tribunal decision on Income Tax Act disallowance rules

Dy. Commissioner of Income Tax Versus M/s. Reliance Capital Ltd., Mumbai

The Tribunal dismissed the Revenue's appeal regarding the disallowance under section 14A of the Income Tax Act, holding that only investments yielding ... Disallowance u/s.14A - assessee made suo moto disallowance on an estimated basis for the purpose of computation of book profits u/s 115JB - MAT computation - HELD THAT:- Disallowance u/s.14A r.w.r. 8D(2)(iii) of the rules under normal provisions of the Act, we find that the Special Bench of the Delhi Tribunal in the case of ACIT vs. Vireet Investment Pvt. Ltd. [2017 (6) TMI 1124 - ITAT DELHI] had held that only those investments that had yielded exempt income are to be considered while working out the disallowance under Rule 8D of Rules. Respectfully following the said Special Bench decision, we do not find any infirmity in the order of the CIT(A) with regard to disallowance u/s.14A under normal provisions of the Act. Accordingly Ground No.(i) raised by the revenue is dismissed. Disallowance u/s.14A is to be made in terms of Clause(f) of Explanation-1 of Section 115JB. Hence, we direct the AO to look into the expenses debited in the profit and loss account and identify each and every expenditure and ascertain the quantum of expenditure incurred for the purpose of earning exempt income and make disallowance under Clause(f) of Explanation 1 to Section 115JB of the Act. Accordingly, Ground raised by the Revenue is allowed for statistical purposes subject to directions contained hereinabove. Disallowance u/s.14A in respect of investment in shares which were made to obtain controlling interest in companies. We find that this issue had been settled in favour of the Revenue by the decision of Hon’ble Supreme Court in the case of Maxoop Investments Ltd., vs. CIT [2018 (3) TMI 805 - SUPREME COURT OF INDIA] accordingly Ground raised by the Revenue is allowed. Issues Involved:1. Disallowance under section 14A of the Income Tax Act, 1961.2. Computation of disallowance under Rule 8D(2)(iii) of the IT Rules.3. Disallowance u/s.14A while computing book profits u/s.115JB of the Act.4. Disallowance of expenses debited in the profit and loss account for earning exempt income.Analysis:Issue 1: Disallowance under section 14A of the Income Tax Act:The primary issue in this case was whether the Ld. CIT(A) was justified in directing the Ld. AO to consider only those investments that had yielded dividend income while computing the disallowance under section 14A of the Act. The interconnected issue was whether disallowance under section 14A could be made in respect of strategic investments. The Tribunal referred to the decision in the case of ACIT vs. Vireet Investment Pvt. Ltd. and held that only investments yielding exempt income should be considered for disallowance under Rule 8D of the Rules. The Tribunal dismissed the Revenue's appeal on this ground.Issue 2: Computation of disallowance under Rule 8D(2)(iii) of the IT Rules:The Ld. AO made disallowance under section 14A while computing book profits u/s.115JB of the Act based on the investments made by the assessee. The Tribunal held that disallowance under Clause(f) of Explanation-1 to Section 115JB should be worked out independently based on the actual expenses debited in the profit and loss account. The Tribunal allowed the Revenue's appeal on this ground, directing the Ld. AO to identify and disallow expenses incurred for earning exempt income.Issue 3: Disallowance u/s.14A while computing book profits u/s.115JB of the Act:The Ld. CIT(A) directed the disallowance under Rule 8D(2)(iii) of the Act but specified that only investments yielding exempt income should be considered. The Tribunal upheld this decision based on consistency with earlier years' decisions. The Revenue's appeal was dismissed on this ground.Issue 4: Disallowance of expenses debited in the profit and loss account for earning exempt income:The Tribunal considered the Revenue's appeal regarding the deletion of disallowance under section 14A in respect of investments made to obtain controlling interest in companies. Citing the decision of the Hon'ble Supreme Court in the case of Maxoop Investments Ltd. vs. CIT, the Tribunal allowed the Revenue's appeal on this issue.In conclusion, the appeals of the Revenue were partly allowed for statistical purposes, with specific directions given for the computation of disallowances under different provisions of the Income Tax Act.