DCIT, NEW DELHI vs. M/S. OSCAR INVESTMENTS LTD., NEW DELHI

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ITA 4088/DEL/2014Status: DisposedITAT Delhi09 February 2017AY 2011-124 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the suo motu disallowance made by the assessee exceeded the exempt dividend income. Following High Court precedents, no further disallowance could be made as it would exceed the exempt income.

What were the facts?

The assessee, engaged in investment and financing, earned exempt dividend income. The Assessing Officer made a disallowance under Section 14A read with Rule 8D, after considering the assessee's suo motu disallowance. The CIT(A) deleted this further disallowance.

What were the issues?

Whether disallowance under Section 14A read with Rule 8D can exceed the exempt income earned by the assessee.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI

Before: SHRI H.S.SIDHU & SHRI PRASHANT MAHARISHI

Hearing: 09/02/2017Pronounced: 09/02/2017

O R D E R PER PRASHANT MAHARISHI, A. M. 01. This appeal is preferred by revenue against the order of the Commissioner of income tax (appeals) – XVII-B, New Delhi dated 30/04/2014. 02. The revenue has raised in all 3 effective grounds of appeal as under:- 1. on the facts and circumstances of the case and in law, the Ld. CIT (A) has added in deleting the disallowance of Rs. 1, 92, 77, 595/– under section 14. A of the act without appreciating the facts given by the AO in its assessment order and the detailed calculations as per the provisions of the act.

2. On the facts and the circumstances of the case and in law, the Ld. CIT (A) has added in deleting the above disallowance by ignoring the fact that the assessee has failed to produce any justification regarding nexus between borrowings and investments and loans and advances which invariably indicates that finance costs have been incurred towards financing of investments, yielding exempt income.

3. On the facts and circumstances of the case and in law the Ld. CIT (A) has added in deleting the above disallowance by failing to appreciate that the provisions laid down by the act through section 14 A read with rule 8D as per which all the clauses (i), (ii) and (iii) of subsection to are duly applicable even if such direct expenses have been added back by the assessee on its own. 03. Briefly stated assessee is a company engaged in the business of investment/dealing in shares and securities and financing activities, who filed its return of income on 23/09/2011 declaring an income of Rs. 6 9, 00, 44, 440/–. During the year the company has earned dividend income of Rs. 1, 10, 58, 833/– which is been claimed as exempt in the return of income and therefore the assessee was asked to show cause as to why disallowance under section 14 A read with rule 8D be not made at the rate of 0.5% on average value of investment as per the balance sheet. In response to this, the assessee submitted that it has already made disallowance of expenditure of Rs. 2.13 crores against the exempt dividend income of Rs. 1.11 crores. It is further submitted that it is disallowed the entire expenditure of Rs. 2.13 crores incurred by the assessee on account of personnel, administrative and other expenses. However the Ld. assessing officer did not accept the contention of the assessee and therefore he computed the disallowance as per rule 8D (2) (iii) of Rs. 4 055 1458/– being 0.5% of the average value of investment. Out of this the

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