M/S KALRA OVERSEAS AND PRECISION ENGINEERING LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-14, PUNE, PUNE
What did the Tribunal hold?
The Tribunal restored the Section 40(a)(ia) disallowance issue to the Assessing Officer for fresh verification of the assessee's claim that recipients were assessed. For Section 14A, the disallowance was restricted to the amount of exempt income.
What were the facts?
The assessee appealed against disallowances made under Section 40(a)(ia) for non-deduction of TDS on interest payments and under Section 14A for disallowance of expenses related to exempt income. The assessee claimed that recipients of interest income were already assessed, and dividend income was minimal.
What were the issues?
Whether disallowance under Section 40(a)(ia) is sustainable when recipients of interest income have already been assessed. Whether disallowance under Section 14A can exceed the amount of exempt income.
Which sections of the Income-tax Act were involved?
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- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, PUNE “A” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK P. RIPOTE
“NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2023- 24/1056384758(1) and 1056385410(1), dated 21.09.2023, in proceedings u/s.143(3) of the Income Tax Act, 1961 (in short “the Act”); respectively.
Heard both the parties. Case files perused.
2 ITA.No.1230 & 1231/PUN./2023 2. It emerges at the outset that the assessee has pleaded it’s identical twin substantive grounds in both these appeals. It’s former grievance is that both the learned lower authorities have erred in law and on facts in invoking sec.40(a)(ia) disallowance(s) of Rs.18,82,074/- and Rs.14,10,588/-; assessment year-wise; respectively; on account of non-deduction of TDS on interest paid to various non-banking finance companies. Learned counsel’s first and foremost argument during the course of hearing is that both the lower authorities have nowhere treated the assessee as the assessee in default u/sec.40(a)(ia) 2nd proviso r.w.s.201(1A) 1st proviso and therefore, this disallowance is not sustainable. He sought to buttress the point that the assessee had already filed the corresponding Form-26A before the lower authorities duly disclosing the recipients herein to have assessed for the very interest income in their respective hands. The Revenue on the other hand strongly supported the impugned disallowance(s) by pinpointing the fact that the assessee had filed the foregoing details before the learned NFAC only.
We are of the considered opinion in this factual backdrop that the assessee’s foregoing details that the corresponding recipients already stand assessed qua the impugned interest income have nowhere been put to factual verification. That being the case, we deem it appropriate to restore the assessee’s instant identical former substantive ground in both these appeals back to the learned Assessing Officer for his afresh appropriate factual
3 ITA.No.1230 & 1231/PUN./2023 verification thereof as per law, within three effective opportunities of hearing subject to the rider that it is the taxpayer’s sole risk and responsibility to prove the case in consequential proceedings.
Ordered accordingly.
Next comes the identical issue of sec.14A r.w.s.8D disallowance(s) of Rs.13,45,085/- and Rs.14,57,466/- assessment year-wise, respectively. Needless to say, the assessee had derived identical dividend income of Rs.3200/- each in both these assessment years. We note in this factual backdrop that this tribunal’s learned coordinate bench’s order in assessee’s own case in assessment year 2015-2016 in ITA.No.1328/PUN./2018 dated 07.03.2019 has already decided the issue in it’s favour and against the department whilst holding that such computation could not exceed the amount of exempt income(s) itself.
We adopt judicial consistency in these facts and circumstances and restrict both these disallowance(s) involving varying sums to the tune of Rs.3200/- each in these twin assessment years. Necessary computation shall follow as per law.
Ordered accordingly.
Delay of 01 day in filing the instant twin appeals is condoned in light of Collector, Land Acquisition vs., MST Katiji [1987] 167 ITR 471 (SC) having settled the law long back that all such technical aspects must make a way for the cause of substantial justice.
4 ITA.No.1230 & 1231/PUN./2023 7. These assessee’s twin appeals I.T.A.Nos.1230 & 1231/ PUN./2023 are partly allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.
Order pronounced in the open Court on 14.05.2024.
More judgments on Section 40(a)(ia)
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- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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