PEARL GLOBAL INDUSTRIES LTD,NEW DELHI vs. ACIT, CIRCLE-19(2), NEW DELHI

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ITA 7826/DEL/2019Status: DisposedITAT Delhi27 June 2022AY 2016-176 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that disallowance under Rule 8D(iii) should consider only investments yielding exempt income. It also held that no adjustment can be made for Section 14A read with Rule 8D while computing book profit under Section 115JB.

What were the facts?

The assessee company earned exempt income from mutual funds and did not disallow any expenditure. The Assessing Officer disallowed Rs. 7,59,987 under Section 14A read with Rule 8D(iii) for administrative expenses.

What were the issues?

Whether disallowance under Section 14A read with Rule 8D(iii) should be based on all investments or only those yielding exempt income? Can Section 14A disallowance be made for book profit computation under Section 115JB?

Which sections of the Income-tax Act were involved?

Section 14A,Section 115JB

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SHRI SAKTIJIT DEY & DR. BRR KUMAR

For Appellant: Ms. Pallavi Dinodia & Shri Harish, Ms. Indu Sen, SR. DR
Hearing: 27.06.2022Pronounced: 27.06.2022

ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 30.07.2019 of learned Commissioner of Income-Tax(Appeals)-22, New Delhi for the assessment year 2016-17.

2.

The solitary issue arising in the appeal relates to disallowance of Rs.7,59,997 made under Section 14A of the Income-Tax Act, 1961 read with Rule 8D(iii).

3.

Briefly, the facts are, assessee is a resident company. For the assessment year under dispute, assessee filed its return of income on 30.11.2016 declaring total income of Rs.16,95,520.

4.

Subsequently, assessee filed a revised return of income on 30.02.2018 declaring total income at Rs.17,18,96,120.

5.

In course of assessment proceedings, Assessing Officer noticed that assessee, in the year under consideration, had earned exempt income by way of long term capital gain on sale of mutual fund etc. amounting to Rs.1,65,43,156. Whereas, assessee has not disallowed any expenditure attributable to such income. When called upon to explain the reasons for not doing so, assessee submitted, it had not earned any exempt income during the year. Assessing Officer did not accept the aforesaid explanation of the assessee, since, assessee did earn exempt income during the year. Therefore, he proceeded to compute disallowance under Rule 8D read with section 14A of the Act. While doing so, he disallowed an amount of Rs.47,99,905 under Rule 8D(ii) of the Act towards interest expenditure.

6.

Further, he disallowed an amount of Rs.7,59,987 under Rule 8D(ii) of the Act. Thus, in aggregate, he disallowed an amount of Rs.55,59,892.

7.

Assessee contested the aforesaid disallowance by filing an appeal before learned Commissioner (Appeals).

8.

While deciding assessee’s appeal, learned Commissioner (Appeals) deleted the disallowance of interest expenditure amounting to Rs.47,99,905. However, he sustained the disallowance of administrative expenditure of Rs.7,59,987 made under Rule 8D(iii) of the Act.

9.

Before us, learned counsel appearing for the assessee submitted that disallowance under Rule 8D(iii) of the Act should be made considering only those investments which yielded exempt income during the year under consideration. In support of such contention, she relied upon the following decisions:

i) ACB India Ltd. vs. ACIT – 215 374 ITR 108 (Del.); & ii) ACIT vs. Vireet Investments Pvt. Ltd. (2017) – 82 Taxmann.com 415 (Trib.) S.B.

10.

Further, she submitted, while computing book profit under Section 115JB of the Act, no disallowance can be made with reference to Section 14A read with Rule 8D.

11.

Learned Departmental Representative strongly relied upon the observations of the Assessing Officer and learned Commissioner (Appeals).

12.

We have considered rival submissions in the light of the decisions relied upon and perused the material available on record.

13.

As discussed earlier, assessee, per se, has not contested the disallowance made under Rule 8D(iii) read with section 14A of the Act. The only grievance of the assessee is, disallowance under Rule 8D(iii) read with section 14A of the Act has to be made by considering only those investments which have yielded exempt income during the year.

14.

Keeping in view the ratio laid down in the decisions cited before us, in principle, we agree with the aforesaid submission of learned counsel for the assessee. Therefore, we direct the Assessing Officer to compute disallowance under Section 14A read with Rule 8D(iii), by considering only those investments which yielded exempt income during the year under consideration.

15.

Further, we hold, while computing book profit under Section 115JB of the Act, no adjustment can be made with reference to section 14A read with Rule 8D.

16.

In the result, the appeal is allowed as indicated above.

Order pronounced in the open court on 27th June, 2022.

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