WELSPUN FINTRADE P.LTD,MUMBAI vs. DCIT 7(3), MUMBAI
What did the Tribunal hold?
The Tribunal held that if the assessee has surplus funds far exceeding its investments, no disallowance of interest should be made, following the Bombay High Court decision in HDFC Bank Ltd. The matter was restored to the AO for verification of this contention.
What were the facts?
The assessee appealed against the CIT(A)'s confirmation of a disallowance of Rs. 10,57,359/- made by the AO under Section 14A read with Rule 8D. The CIT(A) had restricted the disallowance to Rs. 2,59,467/- for expenses and Rs. 7,97,892/- for interest.
What were the issues?
Whether disallowance of interest under Section 14A read with Rule 8D is warranted when the assessee has sufficient own surplus funds to cover investments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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.
- CIT v. HDFC Bank Ltd.1,261 citing366 ITR 505 · 2014 · HC
- 36 ITR 5053 citing36 ITR 505
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI C.N. PRASAD & SHRI RAJESH KUMAR
O R D E R
PER C.N. PRASAD, JM:
This appeal is filed by the assessee against the order of the Ld. CIT(A)-13, Mumbai dated 04.12.2013 pertaining to assessment year 2010-11.
The only issue in the appeal of the assessee is that the Ld. CIT(A) erred in confirming the addition of Rs. 10,57,359/- made by the AO u/s. 14A r.w. Rule 8D of I.T. Rules.
The Assessing Officer while completing the assessment disallowed Rs. 2,83,56,246/- by invoking the provisions of Section 14A r.w. Rule 8D of I.T. Rules. On appeal, the Ld. CIT(A) held that the disallowance cannot exceed the expenses debited in the Profit & Loss account and the disallowance under rule 8D(iii) should be restricted to Rs. 2,59,467/- and interest as per Rule 8D(ii) at Rs. 7,97,892/- alongwith charges of Rs. 4,642/-.
The Ld. Counsel for the assessee submits that in the group concerns case when assessee has own surplus funds which are in far excess of investments made, no disallowance of interest should be made and this stands covered by the decision of the Hon’ble Bombay High Court in the case of HDFC Bank Ltd 36 ITR 505. The Ld. Counsel submits that in its case also the assessee has own surplus funds which are more than the investments and therefore no interest expenses should be disallowed. He pleads for similar direction which was given in the group concerns by the Co-ordinate Bench in the case of M/s. Welspun Steel Ltd Vs DCIT in and others by sorder dated 18.12.2015.
The Ld. Departmental Representative has no serious objection in following the order of the Co-ordinate Bench of the Tribunal.
We have perused the order of the Tribunal and we find that the Tribunal at page-17 on para 42 held as under:
“After considering the rival submissions and on perusal of the materials on record, we agree in principle with the Ld. Counsel that in case, assessee has own surplus fund which are in far excess of investment made, then no disallowance of interest should M/s Welspun Steel Ltd ITA : 8294/Mum/2011 ITAs : 6371 to 6376/Mum/2014 ITAs : 6304 to 6308/Mum/2014 18 be made and this view stands covered by the decision of Hon’ble Bombay High Court in the case of HDFC bank Ltd., reported in 366 ITR 505 (Bom). Accordingly, the AO is directed to verify this contention and grant relief so far as interest disallowance is concerned. Further, the AO is also directed to apply the principles laid down by Delhi High Court in the case Chem Invest inasmuch as if there is no exempt income then, no disallowance should be made. Accordingly, with this direction this ground raised by the assessee is treated as partly allowed for statistical purposes”. Respectfully following the said order, we direct the AO to examine the contention of the assessee that it has surplus funds more than the investments made and in which case, no interest is liable to be disallowed under Rule 8D(ii) of I.T. Rule. Thus we restore this matter to the file of the AO to examine in the light of the decision of the Hon’ble Bombay High Court in the case of HDFC Bank Bank Ltd. (supra) and decide the issue afresh after providing adequate opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is treated as allowed for statistical purpose.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
Recent GST High Court judgments
Search GST case law →- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026