THE INVESTMENT TRUST OF INDIA LIMITED,CHENNAI vs. ACIT, CHENNAI
What did the Tribunal hold?
The Tribunal held that the Assessing Officer must consider only expenditure directly related to earning exempt income for disallowance under Section 14A. The expenditure on debenture premium did not have a direct nexus with the dividend income.
What were the facts?
The assessee, a Non-Banking Finance Corporation, incurred expenditure related to premium on redemption of debentures. The Assessing Officer disallowed a portion of this expenditure under Section 14A read with Rule 8D, considering it related to exempt dividend income. The Commissioner (Appeals) confirmed this disallowance.
What were the issues?
Whether the premium paid on redemption of debentures can be disallowed under Section 14A as expenditure incurred for earning exempt income, and whether such disallowance should be restricted to the actual expenditure with a direct nexus to exempt income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide 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.
- Godrej & Boyce Mfg. Co. Ltd. v. DCIT1,183 citing328 ITR 81 · 2010 · HC
- Joint Investments Pvt. Ltd. v. CIT803 citing372 ITR 694 · 2015 · HC · Read judgment
- CIT v. Hero Cycles Ltd.470 citing323 ITR 518 · 2010 · HC · Read judgment
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI CHANDRA POOJARI & SHRI G. PAVAN KUMAR
आदेश / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER:
The appeal filed by the assessee is directed against order of the Commissioner of Income-tax (Appeals)-11, Chennai in dt 30.03.2015 for the assessment year
ITA No.1349/Mds/2015 :- 2 -:
2010-2011 passed u/s.143(3) and 250 of the Income Tax Act, 1961 (herein after referred to as ‘the Act’).
The assessee has raised only one substantive ground that 2. the Commissioner of Income Tax (Appeals) erred in confirming the order of the Assessing Officer on applicability of provisions of Section 14A r.w. 8D of the Act without considering the actual expenditure incurred for the purpose of earning exempted income.
The Brief facts of the case that the assessee is a Non 3.
Banking Finance Corporation (NBFC) and engaged in the business of hire purchase, leasing, investments and trading in shares and securities. For the assessment year 2010-2011, the return of income was filed on 24.09.2010 with loss (-) of �2,96,75,416/-.
Subsequently, the return was processed u/s.143(1) of the Act and also notice u/s.143(2) of the Act was issued on 25.08.2011. In compliance to notice, the assessee’s ld. Authorised Representative appeared from time to time and furnished information and the Assessing Officer has completed assessment by additions including disallowance u/s.14A r.w.
Rule 8D. The ld.Assessing Officer on perusal of the Books of Accounts found dividend income of �7,36,757/- received by the assessee and claimed exempt u/Sec.10(34) of the Act. Further assessee has not disallowed any expenditure relating to exempted income. The ITA No.1349/Mds/2015 :- 3 -:
Assessing Officer considering the investment and exempt income applied provisions of Sec.14A r.w. Rule 8D and wrongly considered expenditure of �4,19,80,254/- as having nexus to the dividend income and overlooked the characteristic of the expenditure pertaining to premium on maturity of optional fully convertible debentures (OFCD) issued by the Company in financial year 2002-2003 and presumed that these funds were utilized by the company for making investment as reflected in Balance Sheet and calculated disallowance under Rule 8D(i) (ii) and (iii) of the Income Tax Rules �4,66,94,821/- and passed order u/s.143(3) of the Act dated 28.03.2013. Aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals).
The assessee also filed petition u/s.154 of the act on 02.05.2013 submitting that company incurred expenses of �5,303/- for earning exempted income and not �4,19,80,254/- as same is pertaining provision for Premium on Redemption of Optionally Fully Convertible Debentures (OFCD). Before the Commissioner of Income Tax (Appeals) the assessee has raised substantive grounds that the Assessing Officer made disallowance u/sec 14A r.w. Rule 8 considering provision of premium on redemption of debentures. The assessee company has issued Optionally Fully Convertible Debentures (OFCD) of �100/- each aggregating to �6996.709 lakhs to M/s. Investment Trust
ITA No.1349/Mds/2015 :- 4 -: of India Limited towards acquisition of business of Hire Purchase, Leasing, Finance and Securities Trading and these debentures are to redeemed after ten years at a premium of �60 per debentures and assessee has provided �4,19,80,254/- as premium accrued during the year on redemption of debentures in the books of Accounts and Assessing Officer has disallowed the expenditure under presumption of direct nexus attributable to exempt income. The ld. Authorised Representative filed submissions and relied on judicial decision of CIT vs. Hero Cycles (323 ITR 518) (P & H) and decisions of Mumbai High Court. But the ld. Commissioner of Income Tax (Appeals) distinguished the decision and relied on the judgment of Bombay High Court in the case of Godrej & Boyce Mfg co. 328 ITR 81 and held that Rule 8D is applicable from assessment year 2008-09 and the ld. Authorised Representative contented that the Debenture amount was not utilized for the purpose of investments earning exempted income.
The Commissioner of Income Tax (Appeals) overlooked the submissions and confirmed the findings of the Assessing Officer and passed the order. Aggrieved by the order of the Commissioner of Income Tax (Appeals), the assessee assailed an appeal before the Tribunal.
Before us, the ld. Authorised Representative reiterated his 5. submissions made before the Assessing Officer and Commissioner of ITA No.1349/Mds/2015 :- 5 -:
Income Tax (Appeals). The assessee explained that disallowance under Sec.14A r.w.Rule 8D is applicable from the assessment year 2008-09 onwards, and the assessee earned dividend income and claimed exempt. But the Assessing Officer considered the provision for Premium on Redemption of Optionally Convertible Debentures of �4,19,80,254/- as direct expenditure and by mistake attributed to exempted income and presumed that the Debenture proceeds were utilized for making investments but the assessee company has incurred �5,303/- as direct expenditure and prayed for deletion of addition.
On the other hand, the ld. Departmental Representative 6. relied on the orders of the lower authorities and objected to the submissions .
We after hearing the rival submissions, perused the material on records and judicial decisions cited, the ld. Authorised Representative submitted that assessee company in the earlier years has issued Optionally Fully Convertible Debentures (OFCD) and during the financial year the assessee has made provision for premium on redemption of debentures in the Books of Accounts. But the dividend income received on investments does not attribute any nexus with the above provision. The expenditure cannot be co-related for calculation
ITA No.1349/Mds/2015 :- 6 -: and application of provisions of Rule 8D. We are of the opinion that the Assessing Officer has to consider the expenditure pertaining to exempted income only for disallowance and such expenditure should be restricted to exempted income earned as held in the case of M/s.Joint Investment P. Ltd vs. CIT 372 ITR 694 (Del). Therefore, we set aside the order of Commissioner of Income Tax (Appeals) and remit the issue to the file of Assessing Officer to recalculate the disallowance under Rule 8D considering the expenditure having direct nexus with exempted income only.
In the result, the appeal of the assessee is partly allowed for statistical purpose.
Order pronounced on Thursday, the 3rd day of March, 2016, at Chennai.
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