2022 (1) TMI 881 - AT - Income Tax

Appellant's Appeal Partially Allowed: Grounds on Disallowance Accepted, Interest Expenses Remanded

GVK Transportation Private Limited Versus The Asst. Commissioner of Income Tax, Circle - 2 (2) Hyderabad

GVK Transportation Private Limited Versus The Asst. Commissioner of Income Tax, Circle - 2 (2) Hyderabad - TMI Issues:1. Disallowance of expenses under section 14A r.w. Rule 8D.2. Disallowance of interest expenses under section 36(1)(iii).Analysis:Issue 1: Disallowance of expenses under section 14A r.w. Rule 8D:The appellant contested the disallowance of Rs. 137,73,184 under section 14A r.w. Rule 8D by the Assessing Officer, arguing that the expenses were incurred for business purposes and no exempt income was earned. The Tribunal referred to case law to establish that disallowance under section 14A is applicable only when an assessee earns exempt income. Consequently, the Tribunal accepted the appellant's grounds, emphasizing that the Assessing Officer can re-examine the issue in the year when exempt income is earned. The Tribunal allowed the appellant's appeal on this ground.Issue 2: Disallowance of interest expenses under section 36(1)(iii):The appellant challenged the disallowance of Rs. 5,88,09,983 under section 36(1)(iii) for interest expenses related to investments in subsidiaries. The CIT(A) upheld the disallowance, stating that the investments were not made for the appellant's business purpose. The Tribunal noted the CIT(A) did not adequately consider the commercial expediency aspect raised by the appellant, citing relevant case law. Consequently, the Tribunal decided to remand this issue back to the Assessing Officer for a fresh examination of the business expediency element in the advances to subsidiaries within three hearings.In conclusion, the Tribunal partially allowed the appellant's appeal, accepting the grounds related to disallowance under section 14A and remanding the issue of interest expenses disallowance under section 36(1)(iii) for further assessment.