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Income Tax Appellate Tribunal, CHANDIGARH BENCH “A”, CHANDIGARH
Before: SHRI N.K. SAINI & SHRI SANJAY GARG
आदेश/ORDER Per Sanjay Garg, Judicial Member :
The present appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-2, Ludhiana [hereinafter referred to as ‘CIT(A)’], dated 4.12.2015 relating to assessment year 2012-13,
2 ITA No.10/Chd/2016 A.Y.2012-13
passed u/s 250(6) of the Income Tax Act, 1961 (hereinafter
referred to as ‘the Act’).
The assessee in this appeal has taken four grounds of
appeal. Vide ground No.1, the assessee has agitated the
action of the CIT(A) in sustaining the disallowance of
Rs.1,86,089/- u/s 14A of the Act on account of expenditure
incurred for earning of tax exempt income.
At the outset, the Ld.Counsel for the asssessee has
submitted that the assessee during the year has earned tax
exempt dividend income of Rs.28,133/- only. That as per
the law laid down by the Hon'ble Delhi High Court in the
case of Cheminvest Ltd. Vs. CIT (2015) 378 ITR 33 (Del),
the total disallowance u/s 14A of the Act cannot exceed
the total tax e xempt income earned by the assessee. The
reliance in this respect has been placed on the decisions
of various High Courts including that of the Jurisdictional
High Court of Punjab and Haryana in the case of ‘CIT Vs.
Winsome Textiles’ (2009) 319 ITR 204 (P&H), and of the
Hon'ble Gujarat High Court in the case of ‘Corrtech Energy
P. Ltd. (2014) 45 Taxman.com 116’ and further of the Hon'ble
Allahabad High Court in the case of ‘CIT Vs. M/s Shivam
3 ITA No.10/Chd/2016 A.Y.2012-13
Motors (P) Ltd’ (2014) 272 CTR (All) 277 and various other
case laws.
We find that the issue is squarely covered by the
aforesaid decisions of the Hon'ble High Courts. The
Hon'ble different High Courts of the country have held
that the total disallowance u/s 14A of the Act cannot
exceed the total tax exempt income earned by the
assessee and if no tax exempt income is earned by the
assessee, no disallowance u/s 14A of the Act can be
made. In view of this, the disallowance on the issue is
restricted to the extent of the total tax exempt income
earned by the assessee which comes at Rs.28,133/-.
Ground of appeal No.1 is accordingly, partly allowed.
Vide Ground Nos.2 & 3 the assessee has agitated the
action of the lower authorities in making/confirming the
disallowance of Rs.83,90,686/- u/s 43(5) of the Act
holding the currency forward contracts as speculative
transactions. The Ld.Counsel for the asssessee has
explained before us that the assessee company is engaged
in the manufacturing of yarns and trading of knitted
4 ITA No.10/Chd/2016 A.Y.2012-13
cloths & yarns. The yarns manufactured by the assessee
company are sold in the dome stic market as well as in the
international market. For the year under consideration,
the assessee company received export orders for around
US dollars 49,85,000/- for supply of yarns to different
buyers in different countries. To hedge the loss, if any,
against any foreign exchange fluctuations, the assessee
entered in the forex contract and, therefore, incurred
loss/expenditure of Rs.83,90,686/-. The Ld.Counsel for
the asssessee further submitted that hedging of the loss
cannot be said to be a speculative rather it was to secure
the expected profits. The hedging transaction against the
apprehended foreign exchange fluctuation losses is
permitted and cannot be said to be a speculative
transaction. The Ld.Counsel for the asssessee has also
invited our attention to the order dated 30.8.2017 of the
CIT(A) in the own case of the assessee for subsequent
assessme nt year i.e. 2013-14, wherein the Ld.CIT(A) has
accepted the contention raised by the assessee and has
held that the foreign exchange fluctuation profits earned
by the assessee of Rs.14,29,603/- through he dging
contracts to save the company from future losses, cannot
be said to be speculative gain. In view of this, we do not
5 ITA No.10/Chd/2016 A.Y.2012-13
find any justification of the CIT(A) in holding the
transaction as speculative for the year under
consideration, whereas in the subsequent year, the gain
earned by the assessee on identical transaction has been
treated as gain earned in normal course of business and
not speculative. In view of this ground No.2 & 3 raised by
the assessee are accordingly, allowed.
Vide ground No.4, the assessee has agitated the
disallowance of interest of Rs.10,86,012/- u/s 36(1)(iii) of
the Act in relation to running debit balance maintained
with Master Capital Services. The contention of the
Ld.Counsel for the asssessee in this respect is that the
running debit balance maintained by the assessee with
M/s Master Capital Services Pvt. Ltd. is margin money to
comply with legal and statutory requirements stipulated
by SEBI and is a business advance. That it cannot be said
to be an investment not related to business activity of the
assessee. It has been further submitted that even
otherwise, the own funds of the assessee for the year
under consideration were sufficient to meet the aforesaid
advance. The Ld.Counsel for the asssessee in this respect
has also invited our attention to the order of the CIT(A)
6 ITA No.10/Chd/2016 A.Y.2012-13
dated 30.2.2017 passed for subsequent assessment year
2013-14, wherein on identical circumstances, the CIT(A)
considering the submissions of the assessee held that
since the assessee was having sufficient own interest free
funds to cover the interest free advances, hence, no
disallowance was attracted.
We have considered the rival submissions of both the
parties. Admittedly, the assessee was maintaining an
account with M/s Master Capital Services Pvt. Ltd. as the
assessee was obtaining their services for hedging losses
against foreign exchange fluctuation. The assessee had to
keep a margin money with M/s Master Capital Services
Pvt. Ltd. for the purpose of forward contracts entere d into
to hedge the losses against foreign exchange fluctuation
in respect of the amount receivable from exports. In
respect of this e ssentially was related to the business
activity of the assessee. Even otherwise, it has not been
rebutted or denied by the revenue authorities that the
assessee was having sufficient funds to meet the aforesaid
debit balance with M/s Master Capital Services Pvt. Ltd.
Hence, we do not find any justification on the part of the
lower authorities in making the aforesaid disallowance
7 ITA No.10/Chd/2016 A.Y.2012-13
u/s 36(1)(iii) of the Act and the same is accordingly, ordered to be deleted.
No other ground is raised or pressed.
In the result, the appeal of the assessee is hereby treated as partly allowed.
Order pronounced in the Open Court on04.06.2019.
Sd/- Sd/- एन. के. सैनी संजय गग� (N.K. SAINI (SANJAY GARG ) उपा�य�/ Vice President �याय�क सद�य/ Judicial Member �दनांक /Dated: 4th June, 2019 *रती* आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to :
अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar