GOPALAN ENTERPRISES (P) LTD. vs. ADDL C.I.T.,

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ITA 158/BANG/2014Status: DisposedITAT Bangalore05 May 2017AY 2010-1113 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal restored the Section 14A disallowance issue to the CIT(A) for fresh adjudication, also remanding the property tax issue. The addition for notional income from Dubai properties was also restored to the CIT(A) for examining the assessee's claim of business use. The deduction under Section 80IA(4)(iii) was allowed in favor of the assessee.

What were the facts?

The assessee contested disallowances under Section 14A and additions for notional income from Dubai properties. The revenue appealed against deletions of disallowances related to Section 80IA(4)(iii) and property tax. The Tribunal considered cross-appeals for AY 2010-11.

What were the issues?

The primary issues involved the allowability of expenses under Section 14A, the taxability of notional income from foreign properties, and the eligibility for deduction under Section 80IA(4)(iii).

Which sections of the Income-tax Act were involved?

Section 14A,Section 23(1)(c),Section 80IA(4)(iii),Section 43B,Section 115JB

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Cases cited in this judgment(6)Show list

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Income Tax Appellate Tribunal, BANGALORE BENCH ‘B’, BANGALORE

Before: SHRI A. K. GARODIA & SHRI VIJAY PAL RAO

For Appellant: Shri K. R. Pradeep, C. A
For Respondent: Smt. Neera Malhotra, CIT DR

per ground no. 3 and should be decided together. On the issue of disallowance u/s 14A raised by the assessee as per ground no. 3, we have restored the matter back to CIT (A) for fresh decision as per Para 5 above. Hence, this issue is also restored back to CIT (A) for fresh decision simultaneously with the decision on 14A disallowance. These grounds of the revenue are allowed for statistical purposes.

24.

As per ground no. 10, the grievance of the revenue is regarding restriction of addition in Book Profit u/s 115JB on account of disallowance u/s 14A to Rs. 414,23,482/- as against Rs. 41,93,414/- made by the A.O. Learned DR of the revenue supported the assessment order. Learned AR of the assessee supported the order of CIT (A). He also submitted that the ground no. 8 in the appeal of the assessee is inter connected.

25.

We have considered the rival submissions. We find that the issue in dispute before us is decided by the learned CIT (A) by following various tribunal orders including the order rendered in the case of Dabur India Ltd. vs. ACIT as reported in 145 ITD 175 (Mumbai). The tribunal held in this case that the AY under consideration in that case was 2008-2009 in which disallowance u/s 14A was required to be computed as per Rule 8D and it was also noted that it was in this fashion that the amount had been disallowed and also added to the amount of net profit for computing book-profit u/s 115JB. It was held that there was no reason seen to disturb the order on this issue. Hence, it is seen that as per this tribunal order, actual disallowance u/s 14A has to be added back u/s 115JB. Hence, we find no reason to interfere in the order of CIT (A) on this issue. This ground is rejected.

12 IT(TP)A Nos.49 & 97/B/2014

26.

In the result, the appeal of the revenue is partly allowed for statistical purposes.

27.

In the combined result, the appeal of the assessee and revenue are partly allowed for statistical purposes.

Order pronounced in the open court on the date mentioned on the caption page.

1.

Sd/- Sd/- (VIJAY PAL RAO) (A.K. GARODIA) JUDICAL MEMBER ACCOUNTANT MEMBER Place: Bangalore: D a t e d : 05.05.2017 am* Copy to : 1 Appellant 2 Respondent 3 CIT(A)-II Bangalore 4 CIT 5 DR, ITAT, Bangalore. 6 Guard file By order, AR, ITAT, Bangalore

13 IT(TP)A Nos.49 & 97/B/2014

1.

ौुतलेख क� तार�ख……………………………………………………………………… DATE OF DICTATION……………………………………………………………………… 2.तार�ख, �जस पर टाइप �कया हुआ मसौदे, संबंिधत सदःय के सामने रखा गया ह� DATE ON WHICH TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER……………………………………………………………………………………….. 3. तार�ख �जस पर अनुमो�दत मसौदे व.िनजी सिचव/िनजी सिचव के पास वापस आए DATE ON WHICH THE APPROVED DRAFT COMES TO THE PS/Sr.PS………………. 4. घोषणा के िलए आदेश संबंिधत सदःय के सामने रखने क� ितिथ DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT……………………………………………………………………………… 5. आदेश िन.सिचव/व.िन.सिचव के पास वापस आने क� ितिथ DATE ON WHICH THE ORDER COMES BACK TO THE PS/Sr.PS…………………….. 6 आदेश अपलोड करने क� ितिथ DATE OF UPLOADING THE ORDER ON WEBSITE………………………………………….. 7. अगर अपलोड नह�ं �कया तो, उसका कारण IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO…………………………. 8. ब�च िल�पक के पास फाइल जाने क� ितिथ DATE ON WHICH THE FILE GOES TO THE BENCH CLERK……………………………….. 9. आदेश ज़ेरो�स/पृ�ांकन के िलए भेजने क� ितिथ DATE ON WHICH ORDER GOES FOR XEROX &ENDORSEMENT……………………… 10. फाइल मु�य िल�पक के पास जाने क� ितिथ DATE ON WHICH THE FILE GOES TO THE HEAD CLERK………………………………… 11. आदेश पर हःता�र के िलए फाइल सहायक र�जःशार के पास जाने क� ितिथ THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER………………………………………………………………………….

12.

अिधकरण आदेश के ूेषण के िलए फाइल ूेषण �वभाग म� जाने क� ितिथ THE DATE ON WHICH THE FILE GOES TO DESPATCH SECTION FOR DESPATCH OF THE TRIBUNAL ORDER……………………………………………………………………………

13.

आदेश क� ूेषण क� ितिथ DATE OF DESPATCH OF ORDER…………………………………………………………………….

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