THE SCOTTISH ASSAM (INDIA) LIMITED,KOLKATA vs. DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

PDF · subscribers
ITA 1751/KOL/2016Status: DisposedITAT Kolkata05 December 2018AY 2011-123 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal directed the AO to recompute the disallowance under Rule 8D(2)(iii), considering only investments that yielded exempt income, following a previous precedent.

What were the facts?

The assessee earned dividend income and claimed it as exempt, disallowing a portion of expenses. The AO, however, computed disallowance under Rule 8D, which was upheld by the CIT(A).

What were the issues?

Whether the disallowance under Rule 8D(2)(iii) was correctly computed by the AO, and if only investments yielding exempt income should be considered.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show 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.

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Hearing: 22.11.2018Pronounced: 05.12.2018

This appeal preferred by the assessee is against the order of the Ld. CIT(A)-2, Kolkata dated 13.05.2016 for AY 2011-12.

2.

The main grievance of the assessee is against the action of Ld. CIT(A) in confirming the disallowance u/s. 14A of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) of Rs.7,62,213/- read with Rule 8D(iii) of the I. T. Rules, 1962 (hereinafter referred as the “Rules”).

3.

Briefly stated facts as observed by the AO are that the assessee earned dividend income of Rs.75,72,045/- and claimed it as exempt income. The assessee, on its own, disallowed an amount of Rs.1,66,614/- as expenses attributable to earning dividend income. According to AO, such a disallowance was not computed as per sec. 14A of the Act read with rule 8D of the Rules. He, therefore, disallowed expenditure under Rule 8D(2)(iii) of the Rules @ .5% of average value of investments of Rs.16,60,02,657/- i.e. Rs.8,30,013/-

The Scottish Assam (India) Ltd., AY 2011-12 and also the direct expense related to exempt income at Rs.98,814/-. Accordingly, the AO made the total disallowance at Rs.9,28,827/- and after deducting the amount suo-motto disallowed by the assessee at Rs.1,66,614/-, thus total disallowance comes to Rs.7,62,213/-. Aggrieved, assessee preferred appeal before the Ld. CIT(A), who upheld the action of AO and dismissed the assessee’s ground of appeal. Aggrieved, assessee is before us.

5.

We have heard rival submissions and gone through the facts and circumstances of the case. We note that assessee had earned dividend income of Rs.75,72,045/- and claimed it as exempt income. And the assessee, on its own, disallowed an amount of Rs.1,66,614/- as expenses attributable to earning dividend income. However, the AO resorted to computation envisaged under Rule 8D and disallowed expenditure under Rule 8D(2)(iii) of the Rules @ .5% of average value of investments of Rs.16,60,02,657/- i.e. Rs.8,30,013/- and also the direct expense related to exempt income at Rs.98,814/-. Accordingly, the AO made the total disallowance at Rs.9,28,827/- and deducted the amount added back by assessee at Rs.1,66,614/-, therefore, total disallowance comes to Rs.7,62,213/-. On appeal, the Ld. CIT(A) confirmed the action of AO. Before us, the Ld AR restricted his contention to computation made by AO under Rule 8D(2)(iii) and drew our attention to this Tribunal’s order in REI Agro Ltd. 144 ITD 141 in which the Tribunal held that while computing disallowance under Rule 8D(ii) and (iii) only investments which gave rise to the exempted income should be taken into consideration. We note that this order of the Tribunal has been upheld by the Hon’ble High Court by order dated 23.12.2013. We note that the AO has not resorted to Rule 8D(2)(ii) and has only computed disallowance under Rule 8D(2)(iii) and 8D(2)(i). Therefore, following our decision in REI Agro Ltd. (supra), we direct the AO to recompute the disallowance and while doing so i.e. under Rule 8D(2)(ii), he has to consider only the investment which yielded exempt income during the year. With the aforesaid direction, we set aside the order of Ld. CIT(A) on this issue as directed above. We order accordingly. Therefore, this ground of appeal of assessee is allowed for statistical purpose.

The Scottish Assam (India) Ltd., AY 2011-12 6. In the result, appeal of assessee is allowed for statistical purposes.

Order is pronounced in the open court on 05/12/2018 Sd/- Sd/- (M. Balaganesh) (A. T. Varkey) Accountant Member Judicial Member Dated: 5th December, 2018 Jd.(Sr.P.S.) Copy of the order forwarded to:

1 Appellant – The Scottish Assam (India) Ltd., 1, Crooked Lane, Kolkata-700 069. 2 Respondent – DCIT, Circle-4(2), Kolkata. 3 CIT(A)-2, Kolkata. (sent through e-mail) CIT , Kolkata 4 DR, Kolkata Benches, Kolkata (sent through e-mail) 5

More judgments on Section 14A

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

Recent GST High Court judgments

Search GST case law →