SHREYAS R. MEHTA,MUMBAI vs. ACIT- 10(3)(1), MUMBAI

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ITA 3308/MUM/2018Status: DisposedITAT Mumbai21 May 2019AY 2011-124 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the assessee had debited certain expenses (bank charges, custody fee, demat charges, STT) in the capital account, not claimed as business expenses, and relatable to earning the exempt income. Following its own precedent in a similar case, the Tribunal directed the deletion of the addition.

What were the facts?

The assessee claimed dividend income as exempt but did not attribute any specific expenses. The AO disallowed administrative expenses relatable to this exempt income under Section 14A read with Rule 8D(2)(iii). The CIT(A) confirmed this disallowance.

What were the issues?

Whether expenses relatable to exempt income, even if not claimed in the P&L account, are disallowable under Section 14A. Whether the assessee had demonstrated expenses relatable to 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, “SMC” BENCH, MUMBAI

For Appellant: Shri Ajay C. Gosalia, AR

आयकर अपीलीय अधिकरण “SMC” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI श्री महावीर स ुंह, न्याययक दस्य एवुं श्री एन. के. प्रिान लेखा दस्य के मक्ष । BEFORE SRI MAHAVIR SINGH, JM AND SRI NK PRADHAN, AM Aayakr ApIla saM./ (inaQa-arNa baYa- / Assessment Year 2011-12) Shreyas R Mehta, The Asst. Commissioner of C/o Rasiklal Hiralal & Co., EC Income Tax, Central Circle 4051-52, Bharat Diamond 10(3)(1), Room No. 212, 2nd Vs. Bourse, Bandra Kurla Floor, Aayakar Bhavan, Complex Mumbai-400 051 M.K. Road, Mumbai-400020 .. (ApIlaaqaI- / Appellant) (p`%yaqaaI- / Respondent) स्थायी लेखा सं./PAN No. AACPM8602L अपीलाथी की ओर से / Appellant by : Shri Ajay C. Gosalia, AR प्रत्यथी की ओर से / Respondent by : Shri Chaitanya Anjaria, DR सुनवाई की तारीख / Date of hearing: 14-05-2019 घोषणा की तारीख / Date of pronouncement : 21-05-2019 AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM:

This appeal filed by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-17, Mumbai [in short CIT(A)], in appeal No. CIT(A)-17/IT-333/10238/17-18, dated 27.03.2018. The Assessment was framed by the Dy. Commissioner of Income Tax, Circle- 10(3)1) Mumbai (in short ACIT/ITO/ AO) for AY 2011-12 vide order dated 21.11.2017 under section 143(3) read with section 147 of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2 Shreyas R Mehta; AY:2011-12 2. The only issue in this appeal of assessee is against the order of CIT(A) confirming the disallowance of expenses made by the AO on account of expenses relatable to exempt income by invoking the provisions of section 14A of the Act read with Rule 8D(2)(iii) of the Income Tax Rule,1962 (hereinafter the ‘Rules).

3.

We have heard the rival contentions and gone through the facts and circumstances of the case. We find that the assessee has claimed dividend income at Rs. 66,90,255/- and claimed the same as exempt. According to AO, the assessee has not attributed any expenses relatable to this exempt income and hence, he required the assessee to explain the same. The AO applied the Rule 8D(2)(iii) and made disallowance of administrative expenses relatable to exempt income at Rs. 2,31,279/-. Aggrieved, assessee preferred the appeal before CIT(A). The CIT(A) also confirmed the action of the AO. Aggrieved, now assessee is now in appeal before Tribunal.

4.

Before us, the learned Counsel for the assessee drew our attention to its paper book wherein the assessee has debited the expenses relatable to this earning of the dividend income i.e. bank charges of Rs. 600, custody fee of Rs. 8,273/-, the demat charges of Rs. 39,934/-, the STT charges of Rs. 15,860/-, which are debited in the capital account of the assessee and not claimed in the profit and loss account. According to the learned Counsel these expenses are relatable to earning exempt income and the assessee has not made any claim of these expenses with regard to business expenses. It was claimed by assessee before AO and before us demonstrated by filing the separate accounts maintained for investment purposes as well as for the purpose of business of the assessee. The learned Counsel for the assesse in view of the above stated that the Tribunal in assessee’s own case in for AY 2010-11 i.e. the immediately preceding year 3 Shreyas R Mehta; AY:2011-12 exactly on same facts and reasoning also deleted the addition vide Para 5 as under: - “5. We have heard the rival submissions. It is found that the assessee had not claimed any expenditure against the exempt income. Therefore, in our opinion, the FAA was not justified in confirming the disallowance made by the AO. We find that in the case of Joint Investments Pvt. Ltd.(372ITR694),the Hon’ble Delhi High Court has held that the window for disallowance was indicated in section 14A and was only to the extent of disallowing expenditure “incurred by the assessee in relation to the tax exempt income. Respectfully, following the above decision, we reverse the order of the FAA, as the window was not open for disallowance in the case under appeal-the assessee had not claimed any expenditure to earn the exempt income. Effective ground of appeal, raised by the assessee, is decided in his favour.”

5. Hence, respectfully following the above, we direct the AO to delete the addition and appeal of the assessee is allowed.

6.

In the result, the appeal assessee is allowed.

Order pronounced in the open court on 21.05.2019. (एन. के. प्रधान/ NK PRADHAN) (महावीर ससंह /MAHAVIR SINGH) (लेखा सदस्य / ACCOUNTANT MEMBER) (न्याययक सदस्य/ JUDICIAL MEMBER) मुंबई, ददनांक/ Mumbai, Dated: 21.05.2019. दीप रकार, व.यनजी धिव / Sudip Sarkar, Sr.PS

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