LEH HOLDINGS P. LTD,AHEMEDABAD vs. ITO 3(2)(1), MUMBAI

PDF · subscribers
ITA 3655/MUM/2009Status: DisposedITAT Mumbai01 November 2018AY 2004-058 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that since the assessees were non-banking financial institutions, their interest income should be treated as business income, allowing related administrative and salary expenses. However, disallowances under Section 14A for expenses related to tax-free income were upheld.

What were the facts?

The assessees, Leh Holdings P.Ltd. and Kargil Holdings P.Ltd., challenged the disallowance of expenses and the disallowance under Section 14A. The assessees claimed to be non-banking financial institutions, with interest income to be treated as business income.

What were the issues?

Whether interest income of a non-banking financial institution is business income, and whether disallowance under Section 14A for expenses related to tax-free income is justified.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI AMARJIT SINGH

Hearing: 18/10/2018

Heard together (2 matters)

ITA No.3655/Mum/2009
ITA No.3657/Mum/2009

Read from the judgment's own cause title. This page is filed under one of them.

PER RAJPAL YADAV, JUDICIAL MEMBER: Present two sets of appeals are filed by the above two assessees against orders of the ld.CIT(A)-III, Mumbai dated 16.3.2009 and 5.3.2007 for the assessment years 2004-05 and 2005-06 respectively. They are disposed of by this common order for the sake of convenience.

1.

to 3658/Mum/2009 2 2. In these appeals issues involved are common, that is to say, both the assessee are challenging disallowance of interest expenses and allowance expenses under section 14A of the Income Tax Act, 1961 in both the assessment years.

3.

With the assistance of the ld.representatives, we have gone through the record carefully. The ld.counsel for the assessee has compiled details showing the assessed income and expenditure claimed by the assessee in these two years. Before adverting to the specific grievance of the assessee in these appeals, we would like to note all the details. They read as under:

Leh Holdings P.Ltd. (Asstt.Year 2004-05) Details of Assessed Income Sr. No. Particulars As per Profit As per As per & Loss Acct. Return Asst Order 1 Interest income 5,45,966 5,45,966 5,45,967 2 Dividend income 85,84,444 - 3 Agricultural income 8,20,344 3 Other income 256 256 256 5 Increase / (decrease) in (4,87,824) stock Total 94,63,186 5,46,222 5,46,223 Expenditure 1 Salary and allowances 1,18,994 1,18,994 1,18,994 2 Agricultural expenses 7,08,172 - - 3 Other expenses 2,12,143 2,12,143 2,12,143

Sub Total 10,39,309 3,31,137 3,31,137 Less: disallowed in 1,020 1,020 Return of Income - 261+759 Expenses other than 3,30,117 3,30,117 Interest Less Allowed in Asst 50,000 Order 2,80,117 Error- 1020 1,020

Net expenses 2,81,137 (B) Disallowance u/s.14A of I.T. Act for expenses other than interest by CIT(A) Rs.2,97,375/- Asstt.Year (2005-06) Details of Assessed Income Sr. Particulars As per As per As per A.O No. Profit & Return Loss Acct.

1 Interest income 13,20,721 13,20,721 13,20,721 2 Dividend income 85,84,444 - - 3 Profit on sale of 9,06,395 - - security 3 Agricultural income 8,96,117 - - 5 Increase in stock 1,93,870 - -

Total 1,19,01,547 13,20,721 13,20,721 Expenditure 1 Salary and 2,57,664 2,57,664 2,57,664 allowances 2 Agricultural 8,23,012 - - 3 Other expenses 2,23,689 2,23,689 2,23,689

13,04,365 4,81,353 4,81,353 Less: disallowed 72,450 72,450 in Return of Income - 257+425+71768 Exp other than 4,08,903 4,08,903 Interest Add: disallowed 3,893 in A.O. -Prior period expenses

Net expenses 4,12,796 (B) Disallowance U/S.14A of I.T. Act for expenses other than interest by CIT(A). Rs. 2,75,265 Kargil Holdings P.Ltd. (Asstt.Year 2004-05)

Details of Assessed Income Sr. No. Particulars As per Profit As per As per A.O & Loss Acct. Return 1 Interest 10,99,998 10,99,998 10,99,998 income 2 Dividend 86,27,725 - - income 3 Agricultural 6,69,005 - - income 4 Other income 4 4 4 5 Decrease in (3,25,550) - -

Total 1,00,71,182 11,00,002 11,00,002 Expenditure 1 Payments to and 3,23,504 3,23,504 3,23,504 provision for employees 2 Agricultural 7,14,661 - - expenses 3 Administrative 5,97,560 5,97,560 5,97,560 and other expenses

16,35,725 9,21,064 9,21,064 Less: disallowed 1,122 in Return Exp other than 9,19,942 9,21,064 Interest Less Allowed in 1,00,000 Asst Order

Net expenses 8,21,064 (B) Disallowance U/S.14A of I.T. Act for expenses other than interest by CIT(A) - 0.5%. 2,00,639 Asstt.Year : 2004-05 A) Details of Assessed Income

Sr. No. Particulars As per Profit As per As per A.O & Loss Acct. Return 1 Interest income 11,41,963 11,41,963 11,41,963 2 Dividend income 90,15,546 - - 3 Agricultural 5,34,279 - - income 4 Other income 10,679 10,679 10,679 5 Increase in stock 3,13,197 - - Total 1,10,15,664 11,52,642 11,52,642 Expenditure 1 Payments to and 1,55,800 1,63,282 1,63,282 provision for employees 2 Agricultural expenses 6,48,567 - - 3 Administrative and 2,34,496 2,34,236 2,34,236 other expenses 10,38,86 3,97,518 3,97,518 3 Less: disallowed in (26,834) (26,834) Retutn of Income - 260+1429-8911- 19612 Exp other than 3,70,684 3,70,684 Interest

Add: disallowed in 10,813 A.O. -Prior period expenses/ leave ecashment- 8911+1902

Error-260+1429 1,689 net expenses 3,79,808 to 3658/Mum/2009 7 (B) Disallowance U/S.14A of IT. Act for expenses other than interest by CIT(A) - 2,15,622

4.

First grievance of both the assessees is that ld.AO has disallowed expenditure viz. Rs.2,81,137/- and Rs.4,12,796/- in the case of Leh Holdings P.Ltd., for the Asstt.Years 2004-05 and 2005-06 respectively. Similarly, in the case of Kargil Holdings P.Ltd. such expenses have been disallowed at Rs.8,21,064/- and Rs.3,79,808/-. These expenditure have been disallowed on the ground that the assessee did not carry out any business activity. It has interest income, dividend income and agriculture income. According to the ld.AO interest income deserves to be assessed as income from other sources and expenditure are not be allowed to the assessee and the expenditure in the nature of administrative are not allowable to the assessee. The stand of the assessee is that both the authorities have failed to appreciate true nature of assessee’s business. The ld.counsel for the assessee drew our attention towards copy of registration certificate granted by the RBI. The assessee has been granted a certificate for carrying on business of non-banking financial institution. Such certificates have been placed on page no.50 and 87 of the paper book. According to the ld.ccounsel for the assessee, if it is carrying on the business of non-banking financial institution, then interest income is to be assessed as business income. The ld.DR was unable to controvert this contention.

5.

On due consideration of the above facts, we are of the view that being non-financial institution, its interest income is to be assessed as business income. If interest income is to be assessed as business income, then all administrative expenses, salary expenditure are to be allowed to the assessee. Therefore, we allow first fold of grievance of both the assessees and delete disallowance of Rs.2,81,137/- and Rs.4,12,796/- in the case of Leh Holdings to 3658/Mum/2009 8 Pvt.Ltd., and Rs.8,21,064/- and Rs.3,79,808/- in the case of Kargil Holdings P.Ltd. in the Asstt.Year 2004-05 and 2005-06 respectively.

6.

In the next fold of grievance, the assessee has pleaded that the ld.CIT(A) has erred in confirming disallowance under section 14A of the Income Tax Act, at Rs.2,00,639/- and Rs.2,15, 622/- in the case of Kargil Holdings P.Ltd. and Rs.2,97,375/- and Rs.2,75,265/- in the case of Leh Holdings P.Ltd. in the Asstt.Year 2004-05 and 2005-06 respectively. We find that the assessee has substantial dividend income, thus expenditure attributable to earning of tax free income deserves to be disallowed to the assessee. The disallowance has been made at half percent of the average investment. It does not include interest expenditure. Since, the assessee has its independent source of investment therefore, the authorities below have not worked out interest expenditure. They have confined themselves to the administrative expenses relatable to earning of tax free income. After considering the facts and circumstances, we do not find any error in the orders of the Revenue authorities. This fold of grievance is rejected. Disallowances made by the AO in the case of both the assessees in both the years are confirmed.

7.

In the result appeals of the assessees are partly allowed. Order pronounced in the Court on 1st November, 2018 at Ahmedabad.

More judgments on Section 14A

All 15,875 judgments and leading authorities on Section 14A →

Recent GST High Court judgments

Search GST case law →