Sunday 28 July 2013

UNDERSTANDING SECTION 14A IMPACT WITH CASE LAWS PART - IV


 

We had earlier discuss in detail about the concepts of disallowance under section 14A read with rule 8D  along with various case laws earlier in two different articles. In case you want to refer, the same, please click on the link below:




Over a period of time, there are number of judgements comes from various levels of courts from different locations of India and hence it is very important to know the same for the correct treatment of section 14A disallowance.

 
SN
Facts
Name of the parties
Reference
1
Assessing Officer estimated Rs.62.34 crores being proportionate interest on borrowed funds towards earning exempt income and disallowed the same under s. 14A. Assessee’s own funds are far in excess of the investments made by it which yielded exempt income. Hence, it has to be presumed that the investments had come from the interest free funds available with the assessee and the disallowance u/s. 14A made by the AO in respect of interest cannot be sustained. (A.Y. 2002 – 2003)
Reliance Industries Ltd v. Addl. CIT
79 DTR 315(Mum) (Trib.)
2
The assessee received Rs. 59 lakhs as tax-free dividend. It claimed that no disallowance u/s 14A could be made as it was a dealer in shares and the shares were held as stock-in-trade. The AO & CIT(A) relied on ITO vs Daga Capital Management (P) Ltd. 119 TTJ (SB) 289 (Mum) where it was held that s. 14A applied also to shares held as stock-in-trade and made a disallowance of Rs. 37 lakhs. On appeal by the assessee to the Tribunal, HELD allowing the appeal:
As the assessee is engaged in the business of dealing in shares and the shares were held as stock-in-trade, the intention of the assessee was not to earn dividend income. As the dividend received was incidental to the business of sale of shares, no notional expenditure could be disallowed by invoking S. 14A (CCI Ltd vs JCIT (2012) 71 DTR 141 (Kar) & Apoorva Patni (ITAT Pune) (included in file) followed (A. Y. 2008-09)
Ethio Plastics Pvt. Ltd v. DCIT
Ahemdabad ITAT
3
The Assessing Officer disallowed an amount of Rs. 20,53,048 being 5 per cent of the dividend income of Rs. 4,10,60,955. On appeal, the assessee contended that there was no interest expenditure for earning the tax-free dividend/income. Further it was also the submission of the assessee that only 5 dividend cheques totalling to Rs. 4,10,60,759 were received and therefore disallowance of 5 per cent of the total income on estimate basis was unjustified. The Commissioner (Appeals) restricted such disallowance to Rs. 50,000 on the ground that the ad hoc disallowance at the rate of 5 per cent of the dividend income was too high. On revenue’s appeal , the Tribunal held that restricting disallowance to Rs 50000 was held to be reasonable .(A.Y.1999-2000
 
Kirloskar Oil Engines Ltd. v. Dy. CIT
54 SOT 201(Pune)(Trib.)
4
Investment in the form of share application money should not be considered in computing the disallowance u/s 14A of the Act.
Unknown
Unreported

 

Hope the above small summary on section 14A will help you in getting some relief from the hardship from the ITD. In case you have any further clarification please mail me at taxbymanish@yahoo.comor else visit my blog at http://taxbymanish.blogspot.in/

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