SACRED HEART INVESTMENT CO. PVT. LTD.,NEW DELHI vs. ITO, WARD-22(1), NEW DELHI

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ITA 5370/DEL/2018Status: DisposedITAT Delhi14 March 2022AY 2013-146 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 the disallowance under Section 14A cannot exceed the exempt income earned. It also clarified that the ratio in Goetze India Ltd. applies to Assessing Officer proceedings, not appellate authorities, allowing them to consider revised claims.

What were the facts?

The assessee, engaged in trading and investment, earned exempt dividend income. They initially disallowed a certain amount but later revised it during assessment proceedings to match the exempt income earned. The Assessing Officer and CIT(A) rejected the revised claim on technical grounds.

What were the issues?

Whether a revised claim for disallowance under Section 14A, made during assessment proceedings and restricted to exempt income, can be rejected on technical grounds. Whether disallowance under Section 14A can exceed the exempt income earned.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY & DR. BRR KUMARR

For Appellant: Shri Manu K. Giri, Adv
For Respondent: Shri Umesh Takyar, Sr. DR
Hearing: 08.03.2022Pronounced: 14.03.2022

ORDER PER SAKTIJIT DEY: JUDICIAL MEMBER:

Captioned appeals by the same assessee, arise out of two separate orders of learned Commissioner of Income-Tax(Appeals)-8, New Delhi, pertaining to assessment years and 2013-14 and 2014- 15.

2.

The only common dispute arising in both these appeals relates to the issue of disallowance of expenditure under Section 14A of the Income-tax Act, 1961 read with Rule 8D.

3.

Briefly the facts are, the assessee is a resident-company engaged in the business of trading and investment in shares, debenture etc. and technical, industrial and commercial activities.

During the previous year relevant to the assessment years under dispute, assessee had earned certain exempt income by way of dividend. Suo motu assessee disallowed an amount of Rs.56,14,446 in assessment year 2013-14 and Rs.57,13,774 in assessment year 2014-15.

4.

Subsequently, assessee filed a revised computation in course of assessment proceedings for assessment year 2013-14 recomputing the disallowance under Section 14A of the Act read with Rule 8D to the extent of Rs.47,26,590, the quantum of dividend income earned during the year. A similar revised claim was also made by assessee in assessment year 2014-15 by way of revised return of income filed in course of assessment proceedings.

Assessing Officer, however, did not accept the revised claim of the assessee and computed disallowance as was originally made by the assessee.

5.

When the dispute travelled before learned Commissioner (Appeals), he held that assessee’s revised claim for assessment year 2013-14 could not have been accepted by Assessing Officer in view of the judgment of Hon'ble Supreme Court in case of Goetze India Ltd. vs. CIT ( 284 ITR 323 ) (SC).

6.

In so far as assessment year 2014-15 is concerned, learned Commissioner (Appeals) expressed identical view by holding that the revised return of income was not filed within the permissible time limit. Thus, he upheld the disallowance computed by Assessing Officer in both the assessment years under dispute.

7.

We have heard Shri Manu K. Giri, learned counsel appearing for the assessee and Shri Umesh Takiyar, learned Senior Departmental Representative. The material on record clearly reveals that the suo motu disallowance made by the assessee in the return of income filed for the impugned assessment years is in excess of the actual dividend income earned in the relevant assessment years. Therefore, in course of assessment proceedings, assessee revised the suo motu disallowance by restricting to the quantum of exempt income earned in the relevant assessment years. However, learned Assessing Officer and learned Commissioner (Appeals) have rejected assessee’s claim on purely technical ground that the revised claim made by the assessee otherwise than through valid revised return of income is not acceptable. In our view, the aforesaid reasoning of learned Commissioner (Appeals) is unacceptable. Now, it is fairly well settled that the ratio laid down by the Hon’ble Apex Court in Goetze India Ltd. (supra), applicable, in so far as, it relates to proceedings before the Assessing Officer and not to the appellate authority. Therefore, there was no restriction on learned Commissioner (Appeals) to consider assessee’s revised claim. Be that as it may, now, it is fairly well settled that disallowance under Section 14A of the Act read with Rule 8D cannot exceed the quantum of exempt income earned during the year. In this context, we may refer to the following decisions of the Hon’ble jurisdictional High Court:

i ) Joint Investments Pvt. Ltd. Vs. CIT (ITA No. 117/2015 – Delhi High Court); ii) CIT-IV Vs. Holcim India Pvt. Ltd. (ITA No. 486/2014 & 289/2014 – Delhi High Court ; & iii)M/s. Cheminvest Limited Vs. CIT –VI – – Delhi High Court.

8.

There is no dispute to the fact that in the revised claim/computation furnished in course of assessment proceedings, the assessee has restricted the disallowance under Section 14 of the Act read with Rule 8D to the quantum of exempt income earned in the relevant assessment years. Therefore, applying the ratio laid down in the judicial precedents, referred to above, we direct Assessing Officer to restrict the disallowance under Section 14A of the Act read with Rule 8D to the quantum of exempt income earned by the assessee in the relevant assessment years under dispute.

Grounds are allowed.

10.

In the result, the appeals are allowed.

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