MARTECH PERPHERALS PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI
What did the Tribunal hold?
The Tribunal found that while Section 14A was correctly invoked, the Assessing Officer erred in quantifying the average investment. The matter was remanded to the Assessing Officer to recalculate the average investment and disallow 0.5% of the correct average.
What were the facts?
The Assessing Officer disallowed Rs. 6,53,861/- under Section 14A read with Rule 8D(iii) on dividend income. The assessee argued that the disallowance was ad-hoc and disproportionate. The CIT(A) dismissed the assessee's appeal.
What were the issues?
Whether the disallowance under Section 14A was correctly calculated by the Assessing Officer, and if not, how the correct disallowance should be computed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
PAN: AADCM 4508K (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri S. Sridhar, Advocate ��यथ� क� ओर से /Respondent by : Shri Clement Ramesh Kumar,Addl.CIT सुनवाई क� तार�ख/Date of Hearing : 19.08.2019 घोषणा क� तार�ख /Date of : 08.11.2019 Pronouncement आदेश / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER:
The Assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-8, Chennai in 15 dated 11.11.2015 for the assessment year 2011-12.
M/s. Martech Peripherals Pvt. Ltd., the assessee, is in the business of financing and trading. While making the assessment for assessment year 2011-12, the Assessing Officer invoking Section14A read with Rule 8D(iii) disallowed Rs.6,53,861/-. Aggrieved against that order, the assessee filed an appeal before the CIT(A) and the ld.CIT(A) dismissed the appeal. Aggrieved against that order, the assessee filed this appeal.
The ld.AR submitted that as against Rs.10,22,278/- dividend income admitted by the assessee, the Assessing Officer invoking Section 14A r.w.r.8D(iii) has made a disallowance of Rs.6,53,861/- which represents 64% of the exempt income. Therefore, the disallowance itself indicates that it is an adhoc disallowance without merits and hence pleaded that the Assessing Officer may be required to compute proportionate disallowance. Inviting our attention to the financial statement ending 31st March 2011, the ld.AR submitted that the assessee admitted interest income of Rs.11,79,91,641/- and other income of Rs.16,66,186/-, total receipt admitted for assessment being Rs.11,96,57,827/-. He submitted that the other income of Rs.16,66,186/- comprises dividend income of Rs.10,22,278/- against the total receipt of Rs.11,96,57,827/-. The assessee has claimed personal expenses, administrative and other expenses at Rs.36,92,451/- only. Against such claim, the Assessing Officer disallowed Rs.6,53,861/- towards exempt income of Rs.10,22,278/-, which is disproportionate and hence, the ld.AR pleaded to allow the appeal. Per contra, the ld.DR supported the orders of the lower authorities and submitted that the Assessing Officer has correctly invoked Rule 8D(3) and disallowed the amount.
We heard the rival submissions. Since the assessee has made investments in mutual funds, the dividend income of which is exempt from taxation, the expenditure incurred by the assessee in relation to such exempt income should not be allowed. Therefore, the Assessing Officer invoked correctly Rule 8D(iii). However, it appears that the Assessing Officer has committed an error in quantifying the average of investments which is apparent from the following extract:- Investment as on 31/03/2010 : 8,85,27,512 Investment as on 31/03/2011 : 7,13,71,058 Average of the investments : 13,07,72,285 0.5% of the above : 6,53,861 Therefore, we direct the Assessing Officer to arrive the correct average of the investment and disallow 0.5% of such average of the investments. To this extent, the assessee’s appeal is allowed.
In the result, the appeal of the assessee is allowed to the above extent.
Order pronounced in the Court on 8th November, 2019 in Chennai.
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