DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(1), BANGALORE vs. SRI GUARDIAN SOUHARDA BANK NIYAMITA, BANGALURU
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The CIT(A) deleted the disallowance, finding that the assessee's own funds exceeded the peak investment amount and that deposits were used for business, not investments. The Tribunal confirmed this, citing the Reliance Industries judgment.
What were the facts?
The AO disallowed Rs. 1.73 crores under Section 14A for investments in mutual funds that earned exempt income. The assessee had no disallowance, and the AO linked interest paid on deposits to these investments.
What were the issues?
Whether interest expenditure is attributable to investments yielding exempt income when the assessee has sufficient own funds and deposits are used for business purposes.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B’’ BENCH : BANGALORE
Before: SHRI B.R BASKARAN & SMT. BEENA PILLAI
O R D E R Per B.R Baskaran :
The Revenue has field this appeal challenging the order dated 25/3/2019 passed by ld CIT(A)-I Bengaluru and it relates to asst. year 2015-16.
The Revenue is aggrieved by the decision of ld CIT(A) in deleting the disallowance made by the AO u/s 14A of the Act.
We heard the parties and perused the record. The facts relating to the issue under consideration are that the AO noticed that the assessee has invested its funds in various categories of mutual funds and earned exempt income. However the assessee did not make any disallowance u/s 14A of the Act. The AO noticed that the assessee has invested a sum aggregating 53.65 crores in various mutual funds and withdrawn the same during the financial year itself. Hence opening and closing balance of investment was Nil.
The AO noticed that the assessee has paid total interest of Rs.6.16 crores on the deposit amount of Rs.84.07 crores collected by it. Accordingly he worked out the average rate of interest paid by the assessee per month on the deposits at 0.61%. The AO applied the above said rate of 0.61% per month on the investments made in mutual funds by considering the period of holding and worked out interest amount of Rs.1.73 crores. He held it to be directly related to the investment made by the assessee. Accordingly he disallowed a sum of Rs.1.73 crores u/s 14A of the Act.
The ld CIT(A) noticed that the assessee has made investments in various mutual funds scheme chronologically, i.e., maturing one investment and investing the maturity proceeds in another mutual fund, i.e, the entire amount of Rs.53.65 crores were not made at a time. Accordingly he noticed that the peak amount of investments outstanding at any given point of time was 7.35 croers. The ld CIT(A) also noticed that the assessee was having own capital of 3.77 crores and reserve fund of 14.52 crores. Accordingly aggregating amount of own funds available with the assessee was Rs.18.20 crores which was more than the peak amount of investment of Rs.7.35 crores. Besides the above the ld CIT(A) also noticed that the amount of loan given by the assessee, deposits kept with the other banks and SLR investments, in aggregate has exceeded the deposit amount of Rs.80.07 croers considered by AO for working out the disallowance. Accordingly he gave a finding that the deposits amount received by the assessee are in no way connected to the investments made by the assessee. Accordingly he deleted the disallowance made by the AO under Rule 8D Rule r.w.s 14A of the Act.
The ld DR supported the order passed by the AO and the ld AR supported the order passed by the ld CIT(A).
Having heard the rival contentions, we are of the view that the order passed by the ld CIT(A) does not call for any inference since a) The Ld CIT(A) has given a finding that the own funds available with the assessee has exceeded the value of investments and hence as per the decision rendered by Hon’ble Supreme Court in the case of Reliance Industries Ltd…(Civil Appeal No.10 of 2019 dated 02-01-2019), no disallowance out of interest expenditure is called for u/s 14A of the Act.
b) The ld CIT(A) has also analyzed the Balance sheet of the assessee and has given a finding that the deposits of Rs.80.07 crores collected by the assessee was used for the purpose of its business and it is not connected to the investments made by the assessee which yielded exempt income. Accordingly we confirm the order passed by the ld CIT(A).
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the Open Court on 27th November, 2019.
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