KESORAM INDUSTRIES LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-5(1), KOLKATA

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ITA 370/KOL/2019Status: DisposedITAT Kolkata19 June 2020AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that only investments yielding exempt income should be considered for calculating administrative expenditure disallowance, aligning with previous tribunal and High Court decisions. The assessee's arguments regarding direct credit of dividend income and no change in investment portfolio were found to be without merit.

What were the facts?

The assessee challenged the disallowance of administrative expenditure under Section 14A read with Rule 8D(2)(iii) for assessment years 2012-13 and 2013-14. The disallowance was made by the Assessing Officer and upheld by the CIT(A) with modifications.

What were the issues?

Whether administrative expenditure disallowance under Section 14A should be calculated based on all investments or only those yielding exempt income.

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, “D”

Before: SHRI J. SUDHAKAR REDDY, AM & SHRI S. S. GODARA, JM

For Appellant: Shri Akkal Dudhewala, CA
Hearing: 16/06/2020Pronounced: 19/06/2020

BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI S. S. GODARA, JM आयकर अपीलसं./I.T.A No.1196&370/Kol/2019 (�नधा�रण वष� / Assessment Years: 2012-13&2013-14) Kesoram Industries Limited Vs. DCIT, Circle-5(1), Kolkata 5/1, Clive Row, 4th Floor, Room No.125, Kol-1. �थायीलेखासं./जीआइआरसं./PAN/GIR No.: AABCK2417P (Appellant) .. (Respondent) Appellant by : Shri Akkal Dudhewala, CA Respondent by : Smt. Ranu Biswas, Addl. CIT सुनवाईक�तार�ख/ Date of Hearing : 16/06/2020 घोषणाक�तार�ख/Date of Pronouncement : 19/06/2020 आदेश / O R D E R Per Shri S. S. Godara: These assessee’s two appeals for assessment year 2012-13 & 2013-14 arise against the Commissioner of Income Tax (A) – 7, Kolkata & Commissioner of Income Tax (A) - 22, Kolkata’ separate orders dated 29.03.2019 & 31.12.2018 passed in Case No.1007/CIT(A)-7/Circle-5(1)/Kol/15-16 & No.53/CIT(A)-22/13- 14/18-19/Kol involving proceedings u/s 143(3) and144C of the Income Tax Act, 1961 (in short ‘the Act’), respectively. Heard both the parties. Case files perused.

2.

It transpires at the outset during the course of hearing that the assessee’s sole identical grievance in both these appeals challenges correctness of the lower authorities’ action invoking section 14A r.w.r 8D(2)(iii) administrative expenditure disallowance of Rs.33,04,500/- and Rs.33,18,000/- relating to its exempt income of Rs.6,09,11,055/- and Rs.5,61,76,040/- assessment year wise; respectively. Suffice to say, the Assessing Officer went by 0.5% of the average value of investments in the corresponding assessments framed on 20.03.2015 & &370/Kol/2019 Kesoram Industries Limited 23.12.2016 whereas the CIT(A) holds that only the investments yielding exempt income in issue have to be considered for the purpose of calculating the impugned administrative expenditure.

3.

Learned counsel’s only case during the course of hearing is that both the lower authorities have erred in law and on facts in making the impugned disallowance since the dividend income had been directly credited to the assessee’s bank account by way of ECS without incurring any bank charges or collection as expenses. And also that there was no change in investment portfolio nor the assessee kept track scrip prices movement. We find no merit in either of these arguments. It transpires during the course of hearing that the instant sole issue is actually against the assessee and in Revenue’s favour as per tribunal’s orders in assessment year 2008-09 to 2009-10 involving and ITA No.773/Kol/2013 following REI Agro Ltd. vs. DCIT (2013) 144 ITD 141 (Kol-Trib) as upheld by hon’ble jurisdictional high court in GA No.3581 of 2018 holding that only exempt income yielding investments have to be taken into consideration for purpose of computing administrative expenditure disallowance. No rebuttal to this clinching legal position has come from the assessee’s side. We thus confirm the CIT(A)’s action issuing necessary directions to the Assessing Officer to this effect. The assessee fails in its sole substantive ground in both these assessment years.

4.

This two assessee’s appeals are dismissed.

Order is pronounced in the open court on 19.06.2020.

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