J.K. HELENE CURTIS LTD,THANE vs. DCIT 2(2), MUMBAI
What did the Tribunal hold?
The Tribunal held that if the assessee's own funds are sufficient for investments and no borrowed funds were used, Section 14A may not be applicable. The matter was restored to the AO for verification of the assessee's own funds versus investments.
What were the facts?
The assessee claimed a disallowance of Rs. 77,240/- under Section 14A. The AO, however, disallowed Rs. 10,02,454/-. The CIT(A) restricted the disallowance to Rs. 3,63,102/-, which was the exempt income earned by the assessee.
What were the issues?
Whether disallowance under Section 14A is warranted when investments are made from own funds and not borrowed funds, and whether the disallowance should be restricted to the amount of exempt income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Joint Investments Pvt. Ltd. v. CIT803 citing372 ITR 694 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: HON’BLE S/SHRI JOGINDER SINGH (JM), & RAJESH KUMAR,(AM)
स्थधमी रेखध सं./जीआइआय सं./PAN/GIR No. :AAACJ2511L अऩीरधथी ओय से / Appellant by: Shri U S Amin(Dy.Manager (Accountant) प्रत्मथी की ओय से/Respondent by Shri H M Wanare सुनवधई की तधयीख / Date of Hearing : 21.7.2016 घोषणध की तधयीख /Date of Pronouncement : 29.7.2016 आदेश / O R D E R
Per RAJESH KUMAR, Accountant Member:
This is an appeal filed by the assessee and is directed against the order of the Ld. CIT(A)-5, Mumbai dt.12.10.2015 pertaining to A.Y. 2011-12.
Only ground of appeal is against the upholding of disallowance of Rs.3,63,102/- by the ld. CIT(A) as made by the AO under section 14A of the Income Tax Act, 1961 read with Rule 8D(2)(ii) & (iii) of the Income Tax Rules, 1962, specially by ignoring the fact that the assessee has sufficient own funds to make investments that too in the group companies and did not use any borrowed funds for the purpose as such.
Facts in brief are that the assessee filed its return of income on 16.9.2011 declaring total income of Rs.22,63,69,550/- which was processed under section 143(1) on 9.1.2012. Thereafter the case of the assessee was selected for scrutiny and statutory notices under section 143(2) read with section 142(1) were issued and served upon the assessee. During the course of assessment proceedings, the AO found that the assessee has received exempt income by way of dividend to the tune of Rs.4,60,342/-. The AO also observed that the assessee has purchased and sold investments in several mutual funds on which exempt dividend income has been earned. The assessee has suo-mottu made a disallowance of Rs.77,240/- u/s 14A while filing the return. The AO finding fault with the assessee in computation of income issued show cause notice as to why the provisions of section 14A r.w.rule 8D should not be invoked. Finally the AO rejected the submissions of the assessee and calculated the disallowance of Rs.10,02,454/- and made addition to the total income of the assessee u/s 14A by assessing the total income 22,72,94,764/- vide order dated 31.1.2014 passed under section 143(3) of the Act. Aggrieved by the order of AO, the assessee preferred an appeal before the ld.CIT(A), who in turn partly allowed the appeal of the assessee by observing as under : “5. I had considered the appellant's submissions. In this case the appellant received dividend income of Rs 4,40,342/- and the AO had disallowed an amount of Rs.9,25,214/- after considering the suo moto disallowance made by the appellant of Rs.77,240/-. During the appellate proceedings, the appellant submitted that the disallowance cannot be more than the exempt income of Rs 4,40,3421- in view of the Delhi High Court decision in the case of Joint Investments P Ltd V
Is CIT reported in 372 ITR 694 (2015). I find merit in the argument of the appellant. Hence, the disallowance u/s 14A r.w.r. 8D(2)(ii)(iii) is restricted to the amount of exempt income earned by the appellant during the year under consideration at Rs 4,40,342/-. However, since the appellant has already disallowed an amount of Rs 77,2401 -, the balance amount of Rs.3,63,102/-is treated as disallowance u/s 14A r.w.r. 8D(2)(ii)(iii)of the Act. In view of the above the disallowance u/s 14A r.w.r. 8D(2)(ii)(iii) is restricted to Rs 3,63,102/- instead of Rs 9,25,214/- as disallowed by the AO.”
Still aggrieved by the order of ld.CIT(A) the assessee is in appeal before us.
At the time of hearing, the ld.AR submitted that before us that when the assessee’s own funds is sufficient to cover the investments made in the group companies and therefore the disallowance was wrongly calculated by the AO and also wrongly restricted and sustained by the ld.CIT(A). The ld. AR further submitted that assessee’s own funds were far more than the investments made in the group companies and also the investments is of strategic nature and therefore the disallowance made by the AO and partly allowed by the ld.CIT(A) deserved to be deleted.
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