2023 (5) TMI 957 - AT - Income Tax

Tribunal Upholds Various Disallowances Appeals; Clarifies Sections 14A and 115JB

Anil Ltd. (Formerly Anil Products Ltd.) Versus Deputy Commissioner of Income-tax (OSD), Range-1, Ahmedabad And (Vice-Versa) And Deputy Commissioner of Income-tax, Cir. 1 (1) (1), Ahmedabad Versus Anil Ltd. (Formerly Anil Products Ltd.)

Anil Ltd. (Formerly Anil Products Ltd.) Versus Deputy Commissioner of Income-tax (OSD), Range-1, Ahmedabad And (Vice-Versa) And Deputy Commissioner of ... Issues Involved:1. Disallowance of expenses under Section 14A of the Act.2. Disallowance of deduction under Section 80JJA of the Act.3. Disallowance of prior period expenses.4. Disallowance of interest under Section 36(1)(iii) of the Act.5. Claim of deduction under Section 35(1)(iv) of the Act.6. Addition under Section 115JB of the Act.Summary:1. Disallowance of Expenses under Section 14A of the Act:The Revenue's appeal challenged the deletion of the disallowance of expenses pertaining to earning of exempt income under Section 14A. The CIT(A) had restricted the disallowance to the amount of exempt income earned by the assessee, which was Rs.87,700/-, and deleted the balance disallowance. The Tribunal upheld the CIT(A)'s decision, citing that disallowance under Section 14A cannot exceed the exempt income earned, as per the decision of the Hon'ble Gujarat High Court in CIT Vs. Corrtech Energy Ltd., 372 ITR 97.2. Disallowance of Deduction under Section 80JJA of the Act:The Revenue's appeal contested the deletion of the disallowance of deduction under Section 80JJA. The CIT(A) found that the assessee used biodegradable waste to produce biological agents, fulfilling the criteria under Section 80JJA. The Tribunal upheld the CIT(A)'s findings, noting that the assessee's process and products met the requirements of the section, and the allocation of expenses between eligible and non-eligible units was consistent and correct.3. Disallowance of Prior Period Expenses:The Revenue's appeal challenged the deletion of the disallowance of prior period expenses. The CIT(A) deleted the disallowance, noting that the AO had not doubted the genuineness of the expenses and that the entire exercise was revenue neutral. The Tribunal upheld the CIT(A)'s decision, citing that disallowance of prior period expenses is tax neutral and supported by various judicial precedents.4. Disallowance of Interest under Section 36(1)(iii) of the Act:The Revenue's appeal contested the deletion of the disallowance of interest under Section 36(1)(iii). The CIT(A) found that the assessee had sufficient own funds to cover the interest-free advances, and the presumption was that such advances were made out of own funds. The Tribunal upheld the CIT(A)'s decision, noting that the AO had no evidence to prove that borrowed funds were used for non-business purposes.5. Claim of Deduction under Section 35(1)(iv) of the Act:The assessee's appeal challenged the disallowance of the claim of deduction under Section 35(1)(iv). The CIT(A) denied the deduction, noting that the assessee failed to substantiate its claim of having incurred capital expenditure for Research and Development. The Tribunal upheld the CIT(A)'s decision, finding no reason to interfere with the denial of the deduction.6. Addition under Section 115JB of the Act:The Revenue's appeal challenged the deletion of the addition made under Section 115JB. The Tribunal, following the decision of the Special Bench ITAT, Delhi in ACIT vs. Vireet Investments (P.) Ltd, held that disallowance under Section 14A shall not apply to MAT computation, and upheld the CIT(A)'s order deleting the addition.Conclusion:All the appeals of the Revenue and the appeal of the assessee were dismissed. The Tribunal upheld the CIT(A)'s decisions on all issues, finding no reason to interfere with the findings and conclusions reached by the CIT(A).