AF-TAAB INVESTMENT COMPANY LTD,MUMBAI vs. ITO WD 2(1)(2), MUMBAI

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ITA 3684/MUM/2012Status: DisposedITAT Mumbai11 May 2016AY 2004-054 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 expenditure incurred on strategic investments made for controlling stake in group concerns, not primarily for earning income, should not be disallowed. The Assessing Officer was directed to re-calculate expenditure by excluding investments made for controlling interest.

What were the facts?

The assessee, engaged in investment and dealing in shares, invested in a subsidiary company for strategic purposes. The Assessing Officer disallowed interest expenditure related to this investment, which was confirmed by the CIT(A).

What were the issues?

Whether interest expenditure incurred on strategic investments for controlling stake in group companies is disallowable under Section 14A or deductible under Section 36(1)(iii).

Which sections of the Income-tax Act were involved?

Section 14A,Section 36(1)(iii)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: S/SHRI B.R.BASKARAN & AMARJIT SINGH

For Appellant: Shri P. J. Pardiwala
Hearing: 04.01.2016Pronounced: 11.05.2016

Heard together (2 matters)

I.T.A. No.3684/Mum/2012
I.T.A. No.8981/Mum/2010

Read from the judgment's own cause title. This page is filed under one of them.

Assessee by: Shri P. J. Pardiwala Department by: Shri Manoj Kumar सुनवाई क� तार�ख / Date of Hearing: 04.01.2016 घोषणा क� तार�ख /Date of Pronouncement: 11.05.2016 आदेश / O R D E R PER AMARJIT SINGH, JM:

The assessee has filed the appeals against the order dated 28.03.2012 and 04.10.2010 passed by the Commissioner of Income Tax (Appeals)-14, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the assessment year 2004-05 & 2005-06. These appeals are being taken up together for adjudication being the matter of ITA No.3684/Mum/12 & A.Y.2004-05 & 2005-06 controversy and the parties are same which can conveniently be adjudicated together.

2.

The assessee company is engaged in the business of investing and dealing in shares and securities. The company derives its income from short term and long term investments in shares, mutual fund, equities and investment in real estate. The assessee company is a 100% subsidiary of the Tata Power Company Ltd. The assessee company invested in the subsidiary company and earned exempt income but the contention of the assessee is that the expenditure incurred upon the strategic investment is not liable to be added in the income of the assessee. But the Assessing Officer assessed the same as income of assessee and the learned CIT(A) confirmed the order of Assessing Officer therefore the assessee filed an appeal for the above mentioned assessment year before us.

3.

However, the assessee has raised number of issues but the learned representative of the assessee only raised the issue u/s.14A of the Income Tax Act, 1961( in short “the Act”) wherein the learned CIT(A) confirmed the disallowance the interest expenditure to the tune of Rs.8,42,08,035/- for A.Y.2004-05 and Rs.9,70,012/- for A.Y.2005-06. The learned representative of the assessee has argued that the assessee expended the money for strategic investment with the object to control the stake in group concern and not to earn the income, therefore, in the said circumstances no disallowance of any ITA No.3684/Mum/12 & A.Y.2004-05 & 2005-06 kind is required in connection with the expenditure incurred if any for the said investment in view of the law settled in [2014] 46 taxmann.com 18, Income Tax Appellate Tribunal, Mumbai bench in case of Garware Wall Ropes Ltd. Vs. Additional Commissioner of Income Tax Range 5(1), [2009] 183 taxman 159 (Bom) in case of Commissioner of Income Tax – 8 Vs. Srishti Securities Pvt. Ltd. and [2013] 35 taxmann.com 210 (Delhi) High court of Bombay in case Commissioner of Income Tax Vs. Oriental Structural Engineers Pvt. Ltd.. However, on the other hand learned departmental representative has refuted the said contention. In the instant case investment made in subsidiary company for strategic investment i.e. for commercial expediency or investment or stock in trade is in question. Assessing Officer disallowed the interest expenditure to the tune of Rs.84,20,803/- for A.Y. of 2004-05 and an amount of Rs.7,70,012/- for the A.Y.2005-06. But in connection with the strategic investment in the subsidiary company the law is not quite clear that if any company made an investment in subsidiary company for commercial expediency or investment or stock in trade for any purpose of controlling interest in other companies then interest paid to such parties would not be taxable u/s.36(1)(iii) of the Act. In view of the above mentioned law appeal of the appellant are hereby allowed and Assessing Officer is hereby directed to re-calculate the expenditure incurred towards the dividend income by excluding the investment made for controlling interest in the other companies while computing

ITA No.3684/Mum/12 & A.Y.2004-05 & 2005-06 average value of investment. The law settled in [2014] 46 taxmann.com 18, Income Tax Appellate Tribunal, Mumbai bench in case of Garware Wall Ropes Ltd. Vs. Additional Commissioner of Income Tax Range 5(1), [2009] 183 taxman 159 (Bom) in case of Commissioner of Income Tax – 8 Vs. Srishti Securities Pvt. Ltd. and [2013] 35 taxmann.com 210 (Delhi) High court of Bombay in case Commissioner of Income Tax Vs. Oriental Structural Engineers Pvt. Ltd. in accordance with law.

4.

In result the both the appeal of the assessee are hereby allowed for statistical purpose.

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