VVVR. SATHIYAM,VIRUDHUNAGAR vs. DCIT, MADURAI

PDF · subscribers
ITA 3090/CHNY/2016Status: DisposedITAT Chennai15 December 2017AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found merit in the assessee's submission that no expenditure was incurred for earning exempt income. It noted that neither the AO nor the CIT(A) made a finding to this effect. Consequently, the matter was remitted back to the AO for fresh consideration.

What were the facts?

The assessee's appeal concerns the disallowance made under Section 14A for the assessment year 2010-11. The Assessing Officer (AO) disallowed Rs. 11,41,407/- and Rs. 1,57,201/- based on investments in equity shares. The CIT(A) partly confirmed the disallowance to the extent of Rs. 73,062/-, which was the dividend income earned.

What were the issues?

Whether the disallowance under Section 14A is justified when no specific expenditure has been incurred by the assessee for earning exempt income. Whether a finding of expenditure is a prerequisite for invoking Section 14A.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI A.MOHAN ALANKAMONY & SHRI DUVVURU RL REDDY

Hearing: 15.12.2017

आदेश / O R D E R

PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order passed by the Ld. Commissioner of Income Tax (Appeals)-1, Madurai dated 24.08.2016 in for the assessment year 2010-11 passed U/s.250(6) r.w.s. 143(3) & 263 of the Act.

2.

The assessee has raised several grounds in his appeal however the crux of the issue is that the Ld.CIT(A) has erred in partly confirming the order of the Ld.AO by sustaining the disallowance U/s. 14A of the Act, to the extent of dividend income of Rs.73,062/-.

3.

The brief facts of the case are that the assessee is an individual earning income from salary and other sources, filed his return of income for the assessment year 2010-11 on 28.02.2011 admitting total income of Rs.19,94,081/-. The case was selected for scrutiny and assessment was completed U/s.143(3) r.w.s. 263 of the Act on 14.09.2015 wherein the Ld.AO based on the directions of the Ld.CIT invoked the provisions of Section 14A r.w.r. 8D(2) (iii) & (ii) of the Rules thereby making disallowance of Rs.11,41,407/- & Rs.1,57,201/- respectively because the assessee’s investment in equity shares stood as on 31.03.2009 and 31.03.2010 Rs.22,82,93,995/- and Rs.22,88,68,609/- respectively.

4.

On appeal the Ld.CIT(A) placing reliance in the decision of the Chennai Benches of the Tribunal in the case JCIT vs. Baskaran reported in 152 ITD 844 wherein it was held that in the absence of dividend income no disallowance should be made U/s.14A of the Act, sustained the disallowance of Rs.73,062/- being the amount of dividend income earned by the assessee during the relevant year.

5.

Before us the Ld.AR submitted that the assessee had not incurred any expenditure for earning exempt income which was not considered by the Ld.AO while invoking the provision of Section 14A of the Act. It was therefore pleaded that the order of the Ld.AO as well as that of the Ld.CIT(A) is erroneous and hence the addition sustained by the Ld.CIT(A) may be deleted. The Ld.DR on the other hand relied on the order of the Ld. CIT(A).

6.

We have heard the rival submissions and carefully perused the materials available on record. We find merit in the submissions of the Ld.AR. Provisions of Section 14A of the Act, mandates the Ld.AO to make a finding as to whether the assessee has actually incurred any expenditure towards earning exempt income. In the case of the assessee such finding is neither made by the Ld.AO nor by the Ld.CIT(A). Moreover the financial statements of the assessee are not before us to probe into the matter. Therefore we are of the considered view that the matter has to be remitted back to the file of Ld.AO for fresh consideration. Accordingly the appeal of the assessee is hereby remitted back to the file of Ld.AO for de- nova consideration with further directions to take note of our observations made herein above while passing the order.

7.

In the result, the appeal of the assessee is allowed for statistical purposes as indicated herein above.

Order pronounced on 15th December, 2017 at Chennai.

More judgments on Section 14A

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

Latest GST High Court judgments

Search GST case law →