A B T LIMITED,COIMBATORE vs. DCIT, CENTRAL CIRCLE-1, COIMBATORE

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ITA 967/CHNY/2023Status: DisposedITAT Chennai05 December 2023AY 2012-133 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that if the assessee's own funds are sufficient for investments, and the AO cannot establish a nexus with borrowed funds, interest disallowance is not warranted. Indirect expense disallowance should consider only exempt income-yielding investments.

What were the facts?

The assessee offered a suo-motu disallowance of 1% of exempt income, but the AO computed a higher disallowance under Rule 8D. The CIT(A) restricted the disallowance to the extent of exempt income earned.

What were the issues?

Whether disallowance under Section 14A and Rule 8D is justified when own funds are sufficient for investments, and how indirect expenses should be calculated.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा ! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2012-13) M/s. ABT Limited DCIT बनाम 180, Race Course Road, Corporate Circle-1, / Vs. Coimbatore-641 018. Coimbatore. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABCA-8398-K (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S. Girish Kumar(Advocate)-Ld.AR � थ�कीओरसे/Respondent by : Shri Hema Bhupal (JCIT)-Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 30-11-2023 घोषणाकीतारीख /Date of Pronouncement : 05-12-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

The sole issue in the captioned appeal is disallowance u/s 14A. The Ld. AR advanced arguments to submit that own funds far exceeded the investment made by the assessee. The Ld. AR also submitted that disallowance u/r 8D(2)(iii) should be computed by considering exempt income yielding investments only. The Ld. Sr. DR submitted that the disallowance has already been restricted to the extent of exempt income earned by the assessee which is quite reasonable. Having heard rival submissions and upon perusal of case records, the appeal is disposed- off as under.

2.

The assessee earned exempt income of Rs.93.28 Lacs and offered suo-motu disallowance of 1% against the same. However, not satisfied with the correctness of the claim, Ld. AO applied Rule 8D(2) and computed disallowance of Rs.284.64 Lacs which was interest disallowance u/r 8D(2)(ii) for Rs.259.34 Lacs and indirect expense disallowance u/r 8D(2)(iii) for Rs.25.30 Lacs. The Ld. CIT(A), considering assessee’s submissions, restricted the impugned disallowance to the extent of exempt income earned by the assessee. Aggrieved, the assessee is in further appeal before us. 3. We are of the considered opinion that in case the own funds of the assessee are quite sufficient to meet the investments made by the assessee then in such a case, unless nexus of borrowed funds vis-à-vis investment is establish by Ld. AO, a presumption would arise in assessee’s favor that the investments were funded out of own funds. In such a case, the interest disallowance is not called for. Since the assessee has placed on record its financial statements to support its submissions, we direct Ld. AO to verify the aforesaid facts and re- adjudicate the issue of interest disallowance. The indirect expense disallowance would be restricted considering exempt income yielding investments only. 4. The appeal stand partly allowed in terms of our above order. Order pronounced on 05th December, 2023. Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा34 / VICE PRESIDENT लेखा सद6 / ACCOUNTANT MEMBER चे8ई Chennai; िदनांक Dated : 05-12-2023 DS आदेशकीAितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु@/CIT 4. िवभागीय�ितिनिध/DR 5. गाडEफाईल/GF

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