GEOJITH FINANCIAL SREVICES LTD( FORMERLY GEOJITH BNP PARIBAS FINANCIAL SERVICES LTD,KOCHI vs. ACIT, KOCHI

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ITA 369/COCH/2020Status: DisposedITAT Cochin30 November 2022AY 2011-124 pages
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What did the Tribunal hold?

The Tribunal held that the AO mechanically applied Rule 8D without recording objective satisfaction as to why the assessee's suo-moto disallowance was unacceptable. The disallowance under Section 14A read with Rule 8D is not automatic and requires a nexus between expenditure and exempt income.

What were the facts?

The assessee claimed dividend and long-term capital gains as exempt income and made a suo-moto disallowance of Rs. 2.01 Lacs. The Assessing Officer (AO) invoked Rule 8D and computed a higher disallowance of Rs. 70.43 Lacs, which was later restricted by the CIT(A).

What were the issues?

Whether the Assessing Officer correctly applied Section 14A and Rule 8D without establishing objective satisfaction and nexus between expenditure and exempt income.

Which sections of the Income-tax Act were involved?

Section 14A

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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: HON’BLE SHRI SATBEER SINGH GODARA, J.M & HON’BLE SHRI MANOJ KUMAR AGGARWAL, A.M

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2010- 11 & 2011-12 have identical issues. The sole grievance of the assessee, in both the appeals, as urged by Ld. AR, is confirmation of disallowance u/s 14A. The appeal for AY 2010-11 arises out of the orders of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 27-08-2020 in & & 369/Coch/2020 - 2 - the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 24-03-2014.

2.

The impugned addition stem from the fact that the assessee earned certain dividend income and Long-Term Capital gains which were claimed to be exempt during the year. The assessee made suo- moto disallowance of Rs.2.01 Lacs in its computation of income. However, Ld. AO, invoking Rule 8D, computed aggregate disallowance of Rs.70.43 Lacs which was interest disallowance u/r 8D(2)(ii) for Rs.1.50 Lacs and indirect expense disallowance u/r 8D(2)(iii) for Rs.68.93 Lacs. The Ld. CIT(A) restricted the same to the extent of Rs.52.87 Lacs by deleting interest disallowance and by reducing taxable income yielding investments. Aggrieved, the assessee is in further appeal before us.

3.

From the facts, it could be seen that the assessee computed disallowance u/s 14A for Rs.2.01 Lacs having regards to its accounts. However, Ld. AO without rejecting assessee’s computation, mechanically proceed to apply Rule 8D which is impermissible as per the decision of Hon’ble Supreme Court in the case of Godrej & Boyce Manufacturing Co. Ltd. V/s DCIT (2017 394 ITR 449). We are of the opinion that in terms of the statutory mandate of Sec.14A r.w.r. 8D, it was incumbent on the part of Ld. AO to record an objective satisfaction, having regards to the accounts of the assessee, as to why the disallowance offered by the assessee was not acceptable. Without recording such a finding, no disallowance could be made u/s 14A r.w.r. 8D. It is settled legal position that the application of Rule 8D is not automatic. Upon perusal of assessment order, we find that Ld. AO has failed to record such an objective satisfaction and therefore, the ITA Nos.368 & & 369/Coch/2020 - 3 - impugned disallowance as sustained by Ld. CIT(A) is otherwise not sustainable in the eyes of law at its threshold.

4.

The Hon’ble Apex Court in the cited case of Godrej & Boyce Manufacturing Co. Ltd. V/s DCIT (2017 394 ITR 449) held that sub- sections (2) and (3) of Section 14A of the Act read with Rule 8D of the Rules merely prescribe a formula for determination of expenditure incurred in relation to income which does not form part of the total income under the Act in a situation where the Assessing Officer is not satisfied with the claim of the assessee. Whether such determination is to be made on application of the formula prescribed under Rule 8D or in the best judgment of the Assessing Officer, what the law postulates is the requirement of a satisfaction in the Assessing Officer that having regard to the accounts of the assessee, as placed before him, it is not possible to generate the requisite satisfaction with regard to the correctness of the claim of the assessee. It is only thereafter that the provisions of Section 14A(2) and (3) read with Rule 8D of the Rules or a best judgment determination, as earlier prevailing, would become applicable. The said principle has been reiterated by Hon’ble High Court of Madras in the case of Marg Limited V/s CIT (TCA NO.41 to 43 & 220 of 2017 dated 30.09.2020). Further Hon’ble Apex Court in Maxopp Investment Limited V/s CIT (91 Taxmann.com 154) at para- 32 observed that it is that expenditure alone which has been incurred in relation to the income which is not includible in total income, is to be disallowed. If expenditure has no casual connection with the exempt income, such expenditure would be an allowable expenditure.

5.

Applying the aforesaid principles to the fact of the present case, we find that Ld. AO has mechanically applied the provisions of Rule 8D & & 369/Coch/2020 - 4 - while making the aforesaid disallowance without establishing any nexus of expenditure claimed by the assessee with that of exempt income earned during the year. Nowhere a finding has been recorded by Ld. AO as to why the suo-moto disallowance as offered by the assessee was not acceptable. In the absence of such recorded satisfaction, the impugned disallowance could not be sustained in the eyes of law. We order so.

6.

It is admitted position that facts are quite identical in AY 2011-12. The only difference is that Ld. AO has allowed the benefit of suo-moto disallowance offered by the assessee. However, the recording of objective satisfaction is still missing. Therefore, our adjudication as above would, mutatis mutandis, apply to this year also.

7.

Both the appeals stand partly allowed. Order pronounced on 30th November, 2022.

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