HIGGINBOTHAMS PVT LTD.,CHENNAI vs. ACIT SALARY CIRCLE 2, CHENNAI

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ITA 727/CHNY/2018Status: DisposedITAT Chennai01 August 2018AY 2011-124 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that investments, whether yielding dividend income or not, must be considered for disallowance under Section 14A and Rule 8D, citing the Supreme Court judgment in Maxopp Investment Ltd. The assessee's contention to exclude non-income yielding investments was rejected.

What were the facts?

The assessee claimed dividend and mutual fund income as exempt. They made a suo motu disallowance under Section 14A, but the Assessing Officer applied Rule 8D(2)(iii) leading to a higher disallowance. The CIT(A) confirmed this disallowance.

What were the issues?

Whether investments not yielding dividend income should be excluded while computing disallowance under Section 14A and Rule 8D. Whether the Supreme Court's decision in Maxopp Investment Ltd. overrides previous tribunal decisions on this matter.

Which sections of the Income-tax Act were involved?

Section 14A,Section 10(34),Section 10(35),Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ (SMC

Before: SHRI ABRAHAM P. GEORGE]

आदेश / O R D E R In this appeal filed by the assessee, which is directed against an order dated 10.11.2017 of ld. Commissioner of Income Tax (Appeals)-13, Chennai, it assails disallowance of �2,96,841/- made u/s.14A of the Income Tax Act, 1961 (in short ‘’the Act’’) read along with Rule 8D of the Income Tax Rules, 1962 (in short “the Rules’’).

2.

Ld. Counsel for the assessee submitted that assessee had claimed dividend of �34,252/- as exempt u/s.10(34) of the Act and mutual fund income of �13,60,511/- as exempt u/s.10(35) of the Act.

As per the ld. Authorised Representative, assessee had made a suo-

1.

2 -: motu disallowance of �84,378/- u/s.14A of the Act in its computation of income. However, as per the ld. Authorised Representative, ld. Assessing Officer applied clause (iii) of Rule 8D(2) and computed a disallowance of �3,81,219/-. According to the ld. Authorised Representative, ld. Assessing Officer applied 0.5% on the average value of investments, for arriving at the such amount. This, as per the ld. Authorised Representative, resulted in an addition of �2,96,841/-. Contention of the ld. Authorised Representative was that assessee’s appeal before ld. Commissioner of Income Tax (Appeals) did not yield any success. According to him, it was pointed out to the ld. Commissioner of Income Tax (Appeals) that investments which did not yield any dividend income came to �3,32,54,095/- and such investments had to be excluded while working out the disallowance under Rule 8D(2). As per the ld. Authorised Representative, despite pointing out the decision of Co-ordinate of this Tribunal in the case of Computer Age Management Services (P)Ltd vs. ACIT (ITA No.1259 to 1261/Mds/2014, dated 28.11.2014), which had directed exclusion of non-income yielding investments, ld.CIT(Commissioner of Income Tax (Appeals) had confirmed such disallowance.

Per contra, ld. Departmental Representative submitted that 3.

by virtue of Apex Court judgment in the case of Maxopp Investment Ltd. vs. CIT, Civil Appeal Nos.104 to 109 /2015, dated 12.02.2018,

3 -: investments whether it yielded any dividend income or not had to be considered, while working out the disallowance as per Rule 8D(2).

4.

I have considered the rival contentions and perused the orders of the authorities below. Argument of the ld. Authorised Representative was that while applying clause (iii) of Rule 8D(2), investments which did not yield any dividend income had to be excluded. I am afraid, I cannot accept this line of the argument, considering the judgment of Hon’ble Apex Court in the case of Maxopp Investment Ltd.(supra). One of the contentions raised in the said case before the Hon’ble Apex Court was that investments held in group companies for retaining controlling interest had to be excluded while working out the disallowance u/s.14A of the Act. Their lordships held that dominant purpose test was irrelevant for application of Section 14A of the Act. Their Lordships also observed that purpose of investment, whether it was to gain control over the investee company or not was an irrelevant factor, in computing the disallowance. What I can discern from the judgment of Hon’ble Apex Court is that question like part of the investments which earned dividend income, and part which did not earn any dividend income, are all irrelevant factors for applying Section 14A of the Act and Rule 8D. Only case where there could be an exemption to this, is where the shares were held as stock-in-trade. There is no case for the assessee here that the shares

4 -: and units were held as stock-in-trade. In my opinion by virtue of judgment of Hon’ble Apex Court in the case of Maxopp Investment Ltd.(supra), decision of the Co-ordinate in the case of Computer Age Management Services (P)Ltd is no more good law. In the circumstances, I do not find any reason to interfere with the order of the ld. Commissioner of Income Tax (Appeals). Since the disallowance made u/s.14A of the Act is in accordance with law, lower authorities in my opinion was also justified in making similar addition of such amount, while computing book profit u/s.115JB of the Act.

In the result, appeal of the assessee stands dismissed. 5.

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