2025 (11) TMI 410 - AT - Income Tax

Order limits section 14A disallowance to Rs.10,00,000 under Rule 8D after balanced nexus-based expense review

ITAT held that of total Rs.1,06,34,501, amounts of Rs.50,79,854 (education cess), Rs.23,25,150 (already disallowed), Rs.2,58,748 (depreciation), ... Disallowance u/s 14A r.w.s. 8D - expenditure incurred on earning exempt income - HELD THAT:- We find that out of total amount of Rs. 1,06,34,501/- an amount of Rs. 50,79,854/- relates to education cess which has already been disallowed Rs. 23,25,150/- relates to depreciation Rs. 2,58,748/- relates to property insurance and Rs. 12,78,739/- relates to the property tax which have no relevance to the earning of exempt income. However, for the remaining expenses, we are of the considered opinion that there is some nexus with earning of exempt income. Therefore, a balance approach has to be taken in the instant case. When it was pointed out to both sides, they agreed that a reasonable amount may be disallowed u/s 14A read with Rule 8D. Considering the peculiar facts and circumstances of the case, we are of the considered opinion that a reasonable disallowance u/s 14A read with Rule 8D will meet the ends of justice. We hold and direct accordingly. AO is directed to restrict the disallowance u/s 14A read with Rule 8D to Rs. 10,00,000/-. The grounds raised by the assessee are accordingly partly allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether disallowance under section 14A read with Rule 8D is leviable where exempt income has been earned but the assessee contends no expenditure was incurred in relation to such exempt income and the Assessing Officer has not recorded any separate satisfaction regarding incorrectness of the claim. 2. Whether Rule 8D computation must be restricted to only those investments from which income not forming part of total income has been earned during the year. 3. Whether general/administrative expenses having direct nexus with taxable business activities can be included for disallowance under section 14A, and to what extent expenses allocable to distinct proprietary concerns (with separate books) should be excluded. 4. Whether particular components of profit & loss items (education cess, depreciation, property insurance, property tax) are relevant for disallowance under section 14A. ISSUE-WISE DETAILED ANALYSIS Issue 1: Liability to disallow under section 14A where no specific AO satisfaction recorded and assessee claims no expenditure incurred for earning exempt income Legal framework: Section 14A disallows expenditure incurred in relation to income not forming part of total income; Rule 8D prescribes a method for computing such disallowance where actual expenditure cannot be conveniently identified. Precedent Treatment: The parties relied on various authorities (cited in proceedings) addressing requirement of AO satisfaction and scope of Rule 8D; Tribunal considered these authorities in determining whether disallowance was warranted. Interpretation and reasoning: The Tribunal observed that the assessee declared specific exempt receipts (profit share from firms/AOPs, dividend from Indian companies, PPF interest) and contested that no expenditure had been incurred to earn those exempt receipts. While noting the assessee's contention that the AO did not record a formal satisfaction as to incorrectness of the claim, the Tribunal nonetheless examined factual matrix and apportionment of expenses and found some nexus of remaining administrative expenses with earning exempt income. Ratio vs. Obiter: Ratio - absence of a formal recorded satisfaction by AO is a relevant factor but does not automatically preclude application of section 14A/Rule 8D where facts indicate nexus of expenses to exempt income. Obiter - observations on the sufficiency of AO's satisfaction in other factual permutations. Conclusions: The Tribunal accepted that lack of recorded satisfaction and the assessee's submissions weigh against a full disallowance, but on facts a partial disallowance was justified; accordingly directed a reasonable disallowance rather than complete deletion. Issue 2: Whether Rule 8D computation must be limited to investments yielding exempt income during the year Legal framework: Rule 8D prescribes formulae for computing disallowance, and allows consideration of investments relevant to exempt income; the CIT(A) had directed AO to compute disallowance at 1% taking only investments from which exempt income arose. Precedent Treatment: The appellate authority's direction to focus computation on investments actually yielding exempt income follows the principle that only expenditures referable to such investments should be disallowed. Interpretation and reasoning: The Tribunal endorsed a limited approach: disallowance should be computed only in respect of investments from which exempt income was earned in the relevant year, rather than across all investments. This aligns Rule 8D application with nexus principle - matching disallowance to the source of exempt receipts. Ratio vs. Obiter: Ratio - Rule 8D application should, on facts, be confined to investments producing exempt income for the year under consideration. Obiter - none beyond factual application. Conclusions: The Tribunal sustained the CIT(A)'s approach in principle and applied a fact-specific, restricted computation of disallowance rather than a blanket invocation of Rule 8D on consolidated investments. Issue 3: Apportionment - exclusion of expenses attributable to separate proprietary concerns and exclusion of expenses directly related to taxable business Legal framework: Section 14A disallows only expenditure in relation to exempt income; where distinct businesses maintain separate books, expenses of those businesses lacking investments or exempt-income nexus should be excluded from disallowance. Precedent Treatment: The Tribunal relied on the fact-findings in the order below and on established allocation principles that expenses directly related to taxable activities are not subject to section 14A disallowance. Interpretation and reasoning: The assessee maintained separate books for two principal proprietary concerns and identified that a large portion of administrative expenses related to one concern (Nyati Housing) which had no investments giving exempt income. The Tribunal accepted that amount (Rs. 5.48 crores in the facts) should be excluded from section 14A computation. For remaining consolidated expenses, the Tribunal scrutinised each component and excluded items with no nexus to exempt income while recognising some residual nexus for other items. Ratio vs. Obiter: Ratio - expenses properly attributable to separate business activities with no link to exempt investments must be excluded from section 14A disallowance. Obiter - suggested methodology for bifurcation where consolidated accounts exist (practical, fact-specific approach). Conclusions: The Tribunal directed exclusion of expenses attributable to distinct proprietary concerns with no investments and excluded specific expense items lacking nexus; for the remaining expenses it accepted limited disallowance rather than full Rule 8D computation on consolidated figures. Issue 4: Treatment of particular P&L items (education cess, depreciation, property insurance, property tax) for section 14A purposes Legal framework: Only expenditure 'incurred in relation to' exempt income is disallowable under section 14A; not all P&L items are expenditure in that sense or are relevant to the Rule 8D computation. Precedent Treatment: Tribunal referred to authorities (noted in the record) treating depreciation as allowance (not to be disallowed under section 14A) and recognising items separately added back in assessment should not be double-counted. Interpretation and reasoning: The Tribunal examined the breakdown of Rs. 1.06 crore administrative expenses and held that: (a) education cess (already separately added back) must not be included in 14A computation to avoid double disallowance; (b) depreciation is an allowance and not expenditure for 14A purposes; (c) property insurance and property tax related to house property/real estate business were not relevant to earning the exempt income. These items were therefore excluded from the section 14A disallowance base. Ratio vs. Obiter: Ratio - items categorised as not constituting expenditure in relation to exempt income (depreciation, items already added back) are excluded from section 14A disallowance. Obiter - application of these exclusions is fact-sensitive to characterisation in the books and computation schedules. Conclusions: Specific P&L components identified by the assessee were held not to be subject to section 14A disallowance and directed to be excluded from Rule 8D computation. Issue 5: Quantum of disallowance where partial nexus exists and parties agree on reasonable disallowance Legal framework: Where precise apportionment is difficult and facts show some nexus of expenses with exempt income, appellate authority may adopt a reasonable/ pragmatic disallowance to meet ends of justice. Precedent Treatment: The Tribunal applied a balanced approach consistent with authorities permitting pragmatic apportionment when exact linkage cannot be strictly determined. Interpretation and reasoning: After exclusion of clearly unrelated expenses and recognising residual nexus for certain items, the Tribunal - taking into account parties' willingness to accept a reasonable figure and the peculiar facts - fixed a lump-sum disallowance of Rs. 10,00,000 under section 14A read with Rule 8D as meeting the ends of justice. Ratio vs. Obiter: Ratio - where factual matrix demonstrates partial nexus and precise apportionment is impracticable, Tribunal may determine a reasonable lump-sum disallowance. Obiter - the quantum fixed is fact-specific and not a universal benchmark. Conclusions: The appeal was partly allowed by directing the Assessing Officer to restrict the section 14A/Rule 8D disallowance to Rs. 10,00,000 after excluding unrelated expense items and amounts attributable to separate businesses.