ACIT 18(2), MUMBAI vs. METROPOLITAN TRADING CO., MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the order of the CIT(A) who deleted the AO's disallowance. The Tribunal found that the assessee's Profit & Loss account did not contain any common expenses that needed apportionment between exempt and non-exempt income, and the AO failed to establish how the assessee's claimed expenses related to exempt income.
What were the facts?
The assessee earned significant exempt income from dividends and long-term capital gains. The Assessing Officer (AO) disallowed an additional Rs. 10,21,230 under Section 14A read with Rule 8D, over and above the Rs. 6,37,751 the assessee voluntarily disallowed.
What were the issues?
Whether the AO was justified in invoking Section 14A read with Rule 8D for disallowance of expenses when the assessee's Profit & Loss account did not show common expenses and the AO failed to establish the nexus between claimed expenses and 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(1)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.
- ACIT v. SIL Investment Ltd.27 citing26 Taxmann 78
Income Tax Appellate Tribunal, MUMBAI BENCH ‘B’ MUMBAI.
Before: SHRI JOGINDER SINGH & SHRI RAJESH KUMAR
ORDER
Per Rajesh Kumar, Accountant Member
This appeal by the assessee is directed against the order dated 26.02.2014 of Commissioner of Income Tax (Appeals) {(hereinafter referred to as CIT(A)} for A.Y. 2009-10. The only ground raised in the appeal reads as under:-
1. "On the facts and circumstances of the case and in law, the Ld.CIT(A) was not justified in deleting the disallowance made by AO
Assessment year: - 2009-10 u/s. 14A r.w. Rule 8D without appreciating the fact that it has been clarified in CBDT's Circular no. 5 of 2011 dated 11.02.2014 that Rule 8D r. w. section 14A of the Act provides disallowance of the expenditure even where taxpayer in a particular year has not earned any exempt income.
On the facts and circumstances of the case and in law, the Ld.CIT(A) was not justified in accepting the working of disallowance u/s 14A by the assessee which was not as per Rule 8D of the I. T. Rules.
2. Common issue raised in all the grounds of appeal relate to the deletion of disallowance by CIT(A) u/s 14A r.w.r 8D.
Facts in brief are that the assessee was having tax free income by way of dividend on mutual funds and shares of Rs. 74,84,924/- and Long Term Capital Gain on shares of Rs. 5,54,362/-. The assessee itself made disallowance u/s 14A of the Act to the tune of Rs. 6,37,751/-. The assessee was doing job work for M/s Zodiac Clothing Co. and was dealing in ties and shirts etc. The AO during the course of assessment proceedings, noticed that the assessee disallowed only Rs. 6,37,751/- u/s 14A in relation to the exempt income being expenses relating to exempt income by not following Rule 8D which is applicable from A.Y. 2008-09, therefore, the AO after issuing show-cause notice worked out the disallowance under Rule 8D at Rs. 16,58,981/-. While
Assessment year: - 2009-10 working out the said disallowance the assessee attributed direct expenses to the tune of Rs. 6,37,757/- as direct expenses u/s 14A rule 8D(2)(i). Under rule 8D(2)(ii), there was no disallowance as there was no interest during the year. The AO worked out the disallowance under rule 8D(2)(iii) at the rate of 0.5% of the average value of investment which came to Rs. 10,21,230/- aggregating to Rs. 16,58,981/-. The AO after reducing Rs. 6,37,751/- , the amount of expenses, the assessee suo motu disallowed u/s 14A, made the disallowance at Rs. 10,21,230/- as expenses relating to exempt income not forming part of total income.
Aggrieved, the assessee carried the matter in appeal before CIT(A)
The CIT(A) deleted the addition of Rs. 10,21,230/- by holding that the assessee voluntarily disallowed Rs. 6,37,751/- including expenses on account of share transfer charges of Rs. 93/- and security transaction charges of Rs. 789/-. The CIT(A) further observed that major portion of the disallowance made by the assessee suo motu included salaries of two employees who used to partly look after the investment of the appellant firm as well as partners . Further on the safer side, the assessee disallowed the entire salary of these two employees . Ld. CIT(A) further noted that there was no expenses in the Profit & Loss Account which were of common nature which required apportionment between the exempt and non exempt income. Besides it, the CIT(A) also mentioned in para 5.1 of the impugned order that there was no other expenditure debited in the profit & loss account which could be Assessment year: - 2009-10 attributed to the exempt income and also that the AO’s satisfaction was not arrived at in a proper manner and, therefore, the provisions of Rule 8D were not applicable. The CIT(A) relied upon the decision in the case of ACIT Vs SIL Investment Ltd. 26 Taxman 78 and Sesa Goa Ltd. Vs. JCIT 38 Taxman 34.
Before us, the Ld. DR appearing for the Revenue, submitted that the order of CIT(A) is bad to the extent that the CIT(A) reversed the order of AO which applied Rule 8D for arriving at the disallowance relating to the exempt income of the assessee. He further pointed out that assessee had earned huge exempt income by way of dividend and Long Term Capital Gain and, therefore, the AO has rightly invoked the provisions of Section 14A r.w.r 8D.
The Ld. AR, on the other hand, argued that the assessee suo motu disallowed Rs. 6,37,751/- u/s 14A which could be the maximum amount disallowed u/s 14A as no other expenditure of exclusive or common nature was charged to the Profit & Loss Account. The Ld. Counsel further submitted that assessee was doing job work for M/s Zodiac Clothing Co. Ltd and was dealing in ties and shirts also and the expenses charged to the Profit & Loss Account were directly related to job work done or the trading activity carried out by the assessee, therefore, the Ld. AR prayed for upholding the order of CIT(A)
We have considered the rival submissions and carefully perused the relevant material on record and find from the profit & loss account filed by the Assessment year: - 2009-10 Ld. AR that there was no expense of common nature incurred or charged to Profit & Loss Account by the assessee. A close perusal of profit & loss account shows that expenses were either relating to manufacturing of ties relating to trading activity and, therefore, the invocation of section 14A r.w.r 8D appears to be wrong and incorrect. We further note that the CIT(A) had gone into issue of expenses relating to exempt income very minutely and arrived at a correct finding that the disallowance made by the AO to the tune of Rs. 10,21,230/- was wrong by applying .05% of average value of investment as made by the AO u/s subsection 3 to section 14A. The assessee’s case also finds support from the two Judgment (i) ACIT SIL Investment Ltd. 26 Taxman 78 (ii). Sesa Goa Ltd. Vs. JCIT 38 Taxman 34. In case of ACIT Vs SIL Investment Ltd (Supra) it has been held that it was wrong on the part of the AO to apply rule 8D(2)(iii) to compute the disallowance u/s 14A where the AO did not establish that the assessee incurred expenses in relation to exempt income. In the case Sesa Goa Ltd Vs JCIT(Supra), it has been held that the AO before rejecting the disallowance computed by the assessee , must give a clear cut finding having regards as to the account of the assessee as to how the expenditure claimed by the assessee out of non exempt income was related with the exempt income. We note that the assessee nowhere gave reasons or recorded his satisfaction as to how the disallowance worked out by the assessee was not correct and there the order of AO is wrong. We are therefore of the view that the facts of the assessee’s case are squarely covered by above two decisions and respectfully following the ratio laid down in we uphold the order of CIT(A).
In the result appeal of the Revenue is dismissed.
Order pronounced in the open court on this 20th day of Nov. 2011.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Asian Paints Ltd, Mumbai vs Asst CIT (Ltu) 2, MumbaiMumbai6 Mar 2024Dismissed
Also relies on ACIT v. SIL Investment Ltd.
The Tribunal followed its own previous decisions in the assessee's own case for earlier assessment years. It held that the balance of additional depreciation, which could not be claimed in the preceding year due to asset...
- Kalpataru Power Transmission Ltd… vs The Dy. CIT, Gandhinagar Circle, GandhinagarAhmedabad6 Jul 2022Dismissed
Also relies on ACIT v. SIL Investment Ltd.
The Tribunal confirmed the addition made by the AO and TPO on account of notional interest on short-term advances to overseas subsidiaries. The Tribunal also dismissed the Revenue's appeal regarding additional depreciati...
- The Joint Commissioner of Income Tax(OSD)… vs Kalpataru Power Transmission Ltd…Ahmedabad10 May 2019Dismissed
Also relies on ACIT v. SIL Investment Ltd.
The Tribunal upheld the deletion of additions related to carbon credit receipts, following previous precedents. It also upheld the deletion of disallowance under Section 14A, finding no error in the CIT(A)'s decision.
- Asian Paints Limited, Mumbai vs Dy. CIT Ltu, MumbaiMumbai8 Mar 2024Partly Allowed
Also relies on ACIT v. SIL Investment Ltd.
The Tribunal held that the electricity grant received by the assessee was capital in nature, following a previous decision in the assessee's own case. The disallowance under Section 14A was also addressed, with the Tribu...
- Asian Paints Ltd, Mumbai vs Addl CIT Ltu, MumbaiMumbai28 Jul 2022Partly Allowed
Also relies on ACIT v. SIL Investment Ltd.
The Tribunal allowed the assessee's ground regarding transfer pricing adjustments for non-recovery of support/comfort letter charges, following its own prior decisions. It also allowed the ground related to Section 14A d...
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
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026