2020 (5) TMI 452 - AT - Income Tax

Tribunal directs recompute of expenses for exempt income & book profit exclusion under Sections 14A & 115JB

Reliance Capital Ltd. Versus DCIT, Circle – 3 (3) (1), Mumbai.

The Tribunal partially allowed the appeal for statistical purposes. It directed the Assessing Officer to recompute the disallowance of expenses relatable ... Disallowance u/s 14A r.w.r. 8D - expenses relatable to exempt income - HELD THAT:- Relying on the decision of Special Bench in the case of Vireet Investment (P.) Ltd.[2017 (6) TMI 1124 - ITAT DELHI] we restore this issue back to the file of Assessing Officer with the direction to recompute the disallowance under Rule 8D(2)(iii) of the Rules r.w.s. 14A of the Act considering only those investments which yielded dividend income during the year for computation of disallowance of expenses relatable to exempt income. Thus, this ground of assessee’s appeal is allowed for statistical purposes. Disallowance of expenses relatable to exempt income made u/s 14A r.w.r 8D(2) of the Rules while computing book profit under Section 115JB - HELD THAT:- We noted that no disallowance can be made for expenses relatable to exempt income by invoking provisions of Section 14A of the Act r.w.r. 8D(2)(iii) of the Rules while computing book profit under Section 115JB of the Act in view of decision of Special Bench in the case of Vireet Investment (P.) Ltd. (supra). Respectfully following the same, we direct the Assessing Officer to delete the disallowance. Thus, this issue of assessee’s appeal is allowed. Issues Involved:1. Disallowance of expenses relatable to exempt income under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules, 1962.2. Disallowance of expenses relatable to exempt income made under Section 14A of the Act read with Rule 8D(2) of the Rules while computing book profit under Section 115JB of the Act.Issue 1: Disallowance of expenses relatable to exempt income under Section 14A of the Act:The appeal was filed against the order of CIT(A) for the assessment year 2015-16, arising from the Assessing Officer's order under Section 143(3) of the Income Tax Act, 1961. The first issue raised by the assessee was regarding the disallowance of expenses relatable to exempt income, confirmed by CIT(A) using Section 14A of the Act read with Rule 8D of the Rules. The appellant argued that the disallowance was wrongly made and should be deleted. They contended that only investments yielding dividend income during the year should be considered for computing the disallowance. The Tribunal referred to a previous decision on similar facts and directed the Assessing Officer to recompute the disallowance considering only investments yielding dividend income during the year, thereby allowing the ground of the assessee's appeal for statistical purposes.Issue 2: Disallowance of expenses relatable to exempt income under Section 14A of the Act while computing book profit under Section 115JB:The second issue in the appeal was related to the disallowance of expenses relatable to exempt income under Section 14A of the Act read with Rule 8D(2) of the Rules when computing book profit under Section 115JB of the Act. The Tribunal noted that a previous decision by a co-ordinate Bench had addressed this issue and directed the Assessing Officer to compute the book profits in accordance with the directions of the Special Bench in a specific case. Following this decision, the Tribunal directed the Assessing Officer to delete the disallowance for expenses relatable to exempt income while computing book profit under Section 115JB of the Act. Consequently, this issue of the assessee's appeal was allowed.In conclusion, the Tribunal partially allowed the appeal of the assessee for statistical purposes, addressing the issues of disallowance of expenses relatable to exempt income under Section 14A of the Act and while computing book profit under Section 115JB of the Act. The judgment provided detailed analysis and referenced relevant legal provisions and precedents to support the decisions made.