NARESH POONAMCHAND JAIN,MUMBAI vs. ITO 18 (2)(4), MUMBAI
What did the Tribunal hold?
The Tribunal restricted the disallowance under Section 14A to the extent of exempt income earned, holding that the AO's computation was not justified. For the disallowance under Section 40(a)(ia), the Tribunal deleted it upon finding sufficient compliance with the proviso to Section 201(1) of the Act.
What were the facts?
The assessee earned exempt dividend income and PPF interest but did not offer any disallowance under Section 14A. The Assessing Officer (AO) computed a significant disallowance. The assessee also failed to deduct tax at source on interest paid to certain NBFCs, leading to a disallowance under Section 40(a)(ia).
What were the issues?
Whether the disallowance under Section 14A was correctly computed and whether the disallowance under Section 40(a)(ia) was justified in light of the assessee's compliance with the proviso to Section 201(1).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अधिकरण “एक-सदस्य मामला” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI माननीय श्री शक्तिजीत दे, न्याययक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) आयकरअपील सं./ (धििाारण वर्ा / Assessment Year: 2013-14) Shri Naresh Poonamchand Jain ITO-18(2)(4) बिाम/ 34, Lifescapes Nilay, Shop No.8 Room No.306 Earnest House Thakurdwar Road, Opp. Bank of Baroda Nariman Point Vs. Mumbai – 400 002. Mumbai – 400 021. स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AACPJ-1703-H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee by : Shri R.S. Sharma-Ld. AR Revenue by : Ms. Smita Verma – Ld. Sr. DR सुनवाई की तारीख/ : 24/03/2021 Date of Hearing घोषणा की तारीख / 05/04/2021 : Date of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)
In the aforesaid appeal for Assessment Year (AY) 2013-14, the assessee is aggrieved by confirmation of disallowances u/s 14A & 40(a)(ia). The impugned order has been passed by Ld. Commissioner of Income-Tax (Appeals)-53, Mumbai, [in short referred to as ‘CIT(A)’], Appeal No.CIT(A)-53/IT-368/ ITO 18(2)(4)/2018-19 on 24/05/2019.
We have carefully considered the rival submissions and perused relevant material on record. Our adjudication to the subject matter of appeal would be as given in succeeding paragraphs.
The material facts are that the assessee being resident individual stated to be engaged in manufacturing and trading of copper products was assessed for the year u/s 143(3) on 31/03/2016 wherein it was saddled with impugned disallowances. 4. Disallowance u/s 14A 4.1 The assessee earned exempt dividend income of Rs.21,865/- and PPF interest of Rs.41,634/-. However, it did not offer any disallowance u/s 14A. The Ld. AO, invoking Rule 8D, computed aggregate disallowance of Rs.12.25 Lacs which comprised-off of direct expenses disallowance u/r 8D(2)(i) for Rs.0.07 Lacs, interest disallowance u/r 8D(2)(ii) for Rs.11.59 Lacs and indirect expense disallowance u/r 8D(2)(iii) for Rs.0.58 Lacs. The stand of Ld. AO, upon confirmation by Ld. CIT(A), is under challenge before us. 4.2 Upon perusal of assessee’s financial statements, we find that the assessee has made investments of Rs.282.67 Lacs out of which investment in shares is Rs.11.70 Lacs whereas the balance investment of Rs.270.97 Lacs is on account of investment in an entity namely JANS Copper Private Limited, investment in Mutual Funds, LIC investments and PPF investment. Prima-facie, these investments have not yielded any exempt income during the year except interest on PPF which is directly credited in assessee’s PPF account. Furthermore, majority of the secured loans obtained by the assessee are for specific purposes viz. cash-credit limit, Term loan for Plant & Machinery and home loans and therefore, no part of the interest could be said to have applied towards investments. It is also evident that as against exempt dividend income of Rs.21,865/-, Ld. AO has computed disallowance of Rs.12.25 Lacs which could not be held to be justified, as per settled legal position. Therefore, on the facts and circumstances of the case, we confirm direct expense disallowance u/r 8D(2)(i) for Rs.7,772/-. The disallowance u/r 8D(2)(ii) & (iii) stands restricted to the extent of Rs.21,865/-, being exempt income earned by the assessee during the year. In nutshell, the disallowance u/s 14A stand restricted to the extent of Rs.29,637/- . The Ld. AO is directed to re-compute the assessee’s income in terms of our adjudication. The ground stand partly allowed.
Disallowance u/s 40(a)(ia) 5.1 Since the assessee failed to deduct tax at source on interest paid to certain non-banking finance companies (NBFC), Ld. AO invoking the provisions of Sec. 40(a)(ia) disallowed 1/3rd of interest expenditure of Rs.6.48 Lacs which resulted into an addition of Rs.2.16 Lacs in the hands of the assessee. 5.2 Before Ld. CIT(A), the assessee submitted that payee NBFCs were regularly filing their tax returns and considered interest income while computing their income. The Ld. CIT(A) concurred with assessee’s submissions that interest paid to Barclays Bank did not require deduction of tax at source since it was a banking company. However, interest paid to remaining two NBFCs i.e. M/s Bajaj Finance Ltd. and M/s Magma Finance Corp. Ltd. would require deduction of tax at source. Since, the assessee failed to furnish requisite Form 26A with respect to these two entities during assessment proceedings and therefore, there was non- compliance on the part of the assessee. Consequently, disallowance made against interest paid to these two entities was upheld.
5.3 We find that the assessee has placed on record certificate of accountant under proviso to sub-section (1) of section 201 of the Act with respect to both the payees which is sufficient compliance of the law and enable the assessee to claim the deduction of interest payment, though no tax was deducted at source against these payment. Consequently, the impugned disallowance would stand deleted. The ground, thus raised, stands allowed. Conclusion 6. The appeal stands partly allowed in terms of our above order.
Order pronounced on 5th April, 2021.
Sd/- Sd/- (Saktijit Dey) (Manoj Kumar Aggarwal) न्याययक सदस्य / Judicial Member लेखा सदस्य / Accountant Member मुंबई Mumbai; यदनांक Dated : 05/04/2021 Sr.PS, Jaisy Varghese आदेशकीप्रधिधलधपअग्रेधर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुि(अपील) / The CIT(A) 4. आयकरआयुि/ CIT– concerned 5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशाि सार/ BY ORDER,
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