MATOSHREE INFRASTRUCTURE PVT LTD,MUMBAI vs. ITO, W-7(2)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that the disallowance under Section 14A cannot exceed the expenditure claimed by the assessee. Therefore, the AO was directed to restrict the disallowance to the actual interest expenditure claimed.
What were the facts?
The assessee, a property development company, had expenses disallowed under Section 14A. The Assessing Officer (AO) disallowed Rs. 6,32,483 based on unsecured loans and interest paid, but the assessee's P&L account only showed Rs. 14,292 in interest expenses.
What were the issues?
Whether disallowance under Section 14A can exceed the actual expenditure claimed by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC”, BENCH
Before: SHRI R.C.SHARMA
Assessee by Neelam C Jadhav (AR) Revenue by Shri R.K. Gubgotra (JCIT-DR) Date of Hearing 06/02/2020 Date of Pronouncement 10/02/2020 आदेश / O R D E R PER: R.C. SHARMA, A.M. This appeal by the assessee is directed against the order dated 31/10/2018 of ld. CIT(A)-13, Mumbai for the A.Y. 2011-12 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short, the Act).
In this appeal, the assessee is aggrieved for the disallowance made U/s 14A of the Act.
Rival contentions have been heard and record perused. Facts in brief are that the assessee company is engaged in property development business. The assessment of the company resulted in Matoshree Infrastructure P Ltd. Vs ITO addition of Rs. 6,32,483/- to the returned income. The addition represents disallowance of expenses of Rs. 6,32,483/- invoking the provision of Section 14A. The said disallowance is confirmed by the ld. CIT(A).
From the record I found that the disallowance has been made by the A.O. giving reasoning that the assessee has taken unsecured loans of Rs. 2.97 crores and is paying interest on loan of Rs. 1.19 crores.
Accordingly, he disallowed proportionate interest U/s 14A. As per P&L account the assessee has only claimed interest of Rs. 14,292/-. While invoking provisions of Section 14A of the Act, the disallowance cannot be more than the expenditure claimed. In the instant case, as per the audited accounts, the assessee has only incurred expenditure on account of payment of interest to the extent of Rs. 14,292/-.
Accordingly, I direct the A.O. to again verify the facts and restrict disallowance U/s 14A of the Act to the extent of Rs. 14,292/-. I direct accordingly.
In the result, appeal of the assessee is allowed in part.
Order pronounced in the open court on 10th February, 2020.
More judgments on Section 14A
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- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
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