M/S WEST BENGAL INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.,KOLKATA vs. PR.CIT-2, KOLKATA

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ITA 1237/KOL/2019Status: DisposedITAT Kolkata08 October 2024AY 2014-15Bench: Shri Sanjay Garg (Judicial Member), Shri Rakesh Mishra (Accountant Member)3 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since no new investment was made during the year and the shares were allotted in 2004, Section 14A was not attracted. Therefore, the PCIT's order was not sustainable.

What were the facts?

The assessee corporation treated an outstanding loan to Haldia Petrochemical Ltd. (HPL) as preference shares due to HPL's inability to repay. The PCIT invoked Section 263, holding that disallowance under Section 14A and Rule 8D was attracted on these shares.

What were the issues?

Whether Section 14A disallowance is attracted on shares treated as preference shares from an old outstanding loan, and if the PCIT's revisionary order under Section 263 was justified.

Which sections of the Income-tax Act were involved?

Section 263,Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: Shri Sanjay Garg & Shri Rakesh Mishra

Assessment Year: 2014-15 West Bengal Industrial Infrastructure Development Corporation……..……………….………...........………………....Appellant Sector-DJ-10, Sector-II, Salt Lake City, Kolkata – 700091. [PAN: AAACW3073C] vs. PCIT, Kolkata-2, Kolkata.……………….…............................…..…..... Respondent Appearances by: None appeared on behalf of the assessee. Shri Rakesh Kumar Das, CIT- DR, appeared on behalf of the Revenue. Date of concluding the hearing : July 09, 2024 Date of pronouncing the order : October 08, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the revision order dated 27.03.2019 passed by the Principal Commissioner of Income Tax-2, Kolkata [hereinafter referred to as ‘PCIT’] u/s 263 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

No one has put in appearance on behalf of the assessee despite notice, therefore, we proceed to decide the appeal after hearing the ld. DR and going through the record.

3.

A perusal of the impugned order of the ld. PCIT passed u/s 263 of the Act reveals that the ld. PCIT has observed that the average investment in shares of the assessee during the year under consideration was at Rs.59,21,80,820/-. He held that the assessee might have incurred expenditure in making the aforesaid huge investments and therefore, the provisions of section 14A of the Act Assessment Year: 2014-15 West Bengal Industrial Infrastructure Development Corporation r.w.r. 8D(2)(iii) of the Income Tax Rules were applicable and held that 0.5% of the average investment would come to Rs.29,60,904/-, which was required to be disallowed. On being show-caused in this respect, the assessee explained that the alleged investment was, in fact, not actual investment made by the assessee. That, in fact, an amount of Rs.58,97,80,820/- had been the balance of loan outstanding towards Haldia Petrochemical Ltd. (‘HPL’). Due to the inability of HPL to repay the outstanding loan to the assessee, the Govt. of West Bengal directed the assessee corporation, which is a Govt. organisation, for treating the balance of outstanding loan as preference shares held in HPL. The ld. PCIT called a report in this respect from the concerned Assessing Officer, whereupon, a letter was issued to HPL for clarification. The Assessing Officer in his letter mentioned that HPL had allotted preference shares to the assessee on 14.10.2004. The ld. PCIT, however, noted that it was not clear as to whether those shares were in the nature of conversion of old loans or not. He further held that in any case, the fact would remain that the assessee had an investment in preference shares amounting to Rs.58,97,80,820/- during the year and therefore, disallowance as per Rule 8D(2)(iii) was attracted. He accordingly held that the order of the Assessing Officer was erroneous and prejudicial to the interest of the revenue.

4.

We have heard the ld. DR and gone through the record. In this case, it has mentioned by the ld. PCIT, himself, that as per the Assessing Officer, the aforesaid preference shares were allotted to the assessee on 14.10.2004, therefore, it is apparent from the record that no new investments were made by the assessee during the year under consideration. Moreover, the assessee has explained that as per the directions of the Govt., the assessee-corporation has been asked to treat the outstanding loans towards HPL, which is again a Govt. organisation, as preferential shares. Under the circumstances, when it Assessment Year: 2014-15 West Bengal Industrial Infrastructure Development Corporation is apparent that the assessee did not incur any expenditure during the year for making the investment in question, therefore, no disallowance u/s 14A of the Act r.w.r. 8D(2)(iii) of the Income Tax Rules was attracted in this case. Moreover, considering the facts and circumstances of the case, it cannot be said that the order of the Assessing Officer was erroneous. In view of this, the impugned order of the ld. PCIT is not sustainable and the same is quashed.

5.

In the result, the appeal of the assessee stands allowed.

Kolkata, the 8th October, 2024.

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