KOHINOOR DEVELOPMENTS CORPORATION,PUNE vs. INCOME-TAX OFFICER, WARD - 3(2), PUNE
What did the Tribunal hold?
The Tribunal held that since the assessee had sufficient interest-free funds exceeding its investments, the disallowance of interest expenditure was deleted. However, the disallowance computed under Rule 8D(2)(iii) was set aside for re-computation.
What were the facts?
The assessee earned exempt dividend income. The AO disallowed a sum under Section 14A read with Rule 8D, which was confirmed by the CIT(A). The assessee appealed the disallowance.
What were the issues?
Whether disallowance under Section 14A is justified when interest-free funds are sufficient, and how to compute disallowance under Rule 8D(2)(iii).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Reliance Utilities & Power Ltd.2,118 citing313 ITR 340 · 2009 · HC
- ACB India Ltd. v. ACIT364 citing374 ITR 108 · 2015 · HC
- CIT v. Microlabs Ltd.175 citing383 ITR 490 · 2016 · HC · Read judgment
- East India Pharmaceutical Works Ltd. v. CIT146 citing224 ITR 627 · 1997 · SC · Read judgment
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
आदेश / ORDER
PER R.S.SYAL, VP :
This appeal by the assessee is directed against the order passed by the CIT(A)-3, Pune on 31-05-2017 in relation to the assessment year 2010-11.
The only issue raised in this appeal is against confirmation of disallowance of Rs.15,47,743/- made by the Assessing Officer (AO) u/s. 14A of the Income-tax Act, 1961 (hereinafter also called as ‘the Act’).
2 ITA No.2137/PUN/2017 Kohinoor Developments Corporation
Briefly stated, the facts of the case are, that the assessee
earned exempt dividend income of Rs.15,03,090/-. In the
absence of the assessee having suo motu disallowed any sum
as relatable to the exempt income, the AO invoked the
provisions of section 14A read with Rule 8D to work out the
disallowance at Rs.15,47,743/-, comprising of two amounts
viz., Rs.8,64,161/- under Rule 8D(2)(ii) and Rs.6,83,582/-
under Rule 8D(2)(iii). The ld. CIT(A) sustained the
disallowance.
Having heard both the sides and perused the relevant
material on record, it is noticed from the assessee’s balance
sheet that the total amount of partners’ capital is
Rs.34,06,58,098/- as against the amount of Investments at
Rs.14,41,48,818. Capital of Rs.34.06 crores is held by
partners on which no interest was paid. Thus, it becomes
apparent that the capital of the firm, which is not liable for any
interest payment, is far in excess of the amount of investments
in securities yielding exempt income. The Hon'ble Bombay
High Court in the case of CIT vs. Reliance Utilities & Power
Ltd. 313 ITR 340, has held that where an assessee possesses
sufficient interest free funds of its own which were generated
3 ITA No.2137/PUN/2017 Kohinoor Developments Corporation
in the course of relevant financial years, apart from substantial
shareholders’ funds, presumption stands established that the
investment in sister concerns were made out of interest free
funds and, therefore, no part of interest on borrowing could be
disallowed. In holding so, the Hon'ble Bombay High Court
relied on the judgment of the Hon'ble Supreme Court in the
case of East India Pharmaceuticals Works Ltd. vs. CIT 224
ITR 627 (SC). The Hon'ble Karnataka High Court has applied
such a proposition in the context of section 14A by holding in
CIT vs. Micro Labs 383 ITR 490 (Kar), that where
investments are made from common pool, and non-interest
bearing funds are more than the investments in tax free
securities, then, no disallowance of interest expenditure u/s
14A can be made. As capital of the firm is much more than
the amount of Investments, respectfully following the
precedents, I order to delete the disallowance of Rs.8,64,161/-.
The second component of the disallowance which has
been assailed in the instant appeal is Rs.6,83,582/-, that has
been computed by the AO under Rule 8D(2)(iii), being, 1/2
percent of the average of the value of investments. In this
regard, it is relevant to note that the Hon’ble Delhi High Court
4 ITA No.2137/PUN/2017 Kohinoor Developments Corporation
in ACB India Ltd. vs. ACIT (2015) 374 ITR 108 (Del), has
held that value of tax exempt investments should be
considered instead of total investments for adopting average
value of investments of income which is not part of the total
income. The effect of this decision is that while making
disallowance under Rule 8D(2)(iii), it is only the average of
those investments which have yielded exempt income are to be
taken into consideration and not the average of all investments
as has been done by the AO in this case. In the given
circumstances, I set-aside the impugned order on this score
and remit the matter to the file of AO for re-computing the
disallowance under Rule 8D(2)(iii) in the light of the judgment
of Hon’ble Delhi High Court in ACB India
(supra) after allowing reasonable opportunity of being heard
to the assessee.
In the result, the appeal is partly allowed.
Order pronounced in the Open Court on 11th December, 2018.
Sd/- (R.S.SYAL) उपा�य� उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� पुणे Pune; �दनांक Dated : 11th December, 2018 सतीश
5 ITA No.2137/PUN/2017 Kohinoor Developments Corporation
आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-3, Pune आयकर आयु� / The Pr. CIT-2, Pune 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. // True copy // 6.
आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
ITA No.2137/PUN/2017 Kohinoor Developments Corporation
Date 1. Draft dictated on 10-12-18 Sr.PS 2. Draft placed before author 11-12-18 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
*
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