2019 (4) TMI 1524 - AT - Income Tax

Tribunal upholds CIT(A) order on disallowance & directs AO to grant Foreign Tax credit.

The Tribunal upheld the order of the Ld CIT(A) regarding the disallowance u/s 14A of the Act, finding the disallowance within the scope of previous ... Disallowance u/s 14A r.w.r. 8D - HELD THAT:- There is no merit in the submissions made by Ld A.R. We noticed that the CIT(A), in the first round, had made disallowance of ₹ 22.39 lakhs under Rule 8D(2)(iii) of I T Rules. The main contention of the assessee before the Tribunal, in the first round, was with regard to the interest disallowance made by CIT(A) under Rule 8D(2)(ii) on the plea that the investments have been made out of surplus funds. In any case, it was not shown before us as to why the disallowance out of administrative expenses should not be made under Rule 8D(2)(iii) of I T Rules. Accordingly we confirm the order passed by Ld CIT(A) on this issue. Non-granting of credit for Foreign Tax - HELD THAT:- CIT(A) has already restored this issue to the file of the AO with the direction to examine the claim of the assessee. Hence we do not find it necessary to give any other direction except stating that the AO shall allow the credit in accordance with the law. Issues:1. Disallowance u/s 14A of the Act.2. Non-granting of credit for Foreign Tax.Analysis:*Issue 1: Disallowance u/s 14A of the Act*The appellant challenged the order passed by Ld CIT(A) regarding the disallowance u/s 14A of the Act. The appellant received dividend income and voluntarily disallowed interest expenditure on borrowed funds, resulting in a net exempt income. The AO initially computed a higher disallowance, which was later reduced by Ld CIT(A) in the first round of appellate proceedings. The Tribunal, in a previous order, directed the AO to examine the nexus between borrowed funds, interest paid, and investments made. Subsequently, the AO accepted that no disallowance of interest expenditure was necessary except for certain expenses. The appellant contested the additional disallowance made by the AO, but the Tribunal upheld the order of Ld CIT(A) as the disallowance was within the scope of the previous proceedings.*Issue 2: Non-granting of credit for Foreign Tax*The Ld CIT(A) had directed the AO to re-examine the claim of the appellant regarding the non-granting of credit for Foreign Tax. The Tribunal did not find it necessary to provide further directions, stating that the AO should allow the credit in accordance with the law. Ultimately, the appeal of the appellant was partly allowed, with the Tribunal pronouncing the order on 24th April 2019.This judgment highlights the meticulous examination of disallowance u/s 14A of the Act, emphasizing the need for a nexus between borrowed funds and investments. It also underscores the importance of granting credit for Foreign Tax in compliance with legal provisions.