Subburaaj Cotton Mill Private Limited, Rajapalayam V. ACIT Corporate Circle 2, Madurai

ITA 1233/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5470 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 25-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SRIKRISHNAN
• Keywords: Earning of tax free income; Rule 8D
• Section: 14A

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHE NNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ! ./ I.T.A.NO.1233/CHNY/2019 '# $' / ASSESSMENT YEAR :2014-15 M/S. SUBBURAAJ COTTON MILL PVT. LTD., MILL PREMISES, SRIVILLIPUTTUR ROAD, RAJAPALAYAM, TAMIL NADU. [PAN: AADCS 8760K] VS. THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2, MADURAI. ( /APPELLANT ) ( / RESPONDENT ) ! %& ' ( / APPELLANT BY : SHRI V.SRIKRISHNAN, C.A )*%& ' ( / RESPONDENT BY : SHRI A.R.V. SREENIVASAN, JCIT + ' ,- / DATE OF HEARING : 28.07.2019 ./$# ' ,- /DATE OF PRONOUNCEMENT : 21.08.2019 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI DATED 26.02.2019 RELEVANT TO THE ASSESSMENT YEAR 2014-15. THE GROUN DS RAISED BY THE ASSESSEE ARE REPRODUCED AS UNDER: 1. THE ORDER OF THE CIT(A) HAS COMPLETELY IGNORED THE WRITTEN SUBMISSIONS MADE BY THE ASSESSEE. 2. THE CIT(A) HAS ERRED IN NOT FOLLOWING THE DECISI ONS OF THE JURISDICTIONAL HIGH COURT AS WELL AS THE HONOURABLE SUPREME COURT IN THE FOLLOWING CASES. I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.1233 1233 1233 1233/ // /CHNY CHNY CHNY CHNY/ // /1 11 19 99 9 2 I. REDINGTON (INDIA) LTD., VS. ADDI CIT., 392 ITR 6 33 (MAD.) (HC) [2016] II. CIT VS. CHETTINAD LOGISTICS (2017) 80 TAXMANN.C OM 221(MAD) III. CIT VS. CHETTINAD LOGISTICS (2018) SUPREME C OURT IN THIS CASE, THE DEPARTMENT FILED A SLP ON THIS IS SUE BEFORE THE HON. SUPREME COURT. CN HEARING THE CASE, THE HONOURABLE SUPREME COURT DISMISSED THE REVENUES SLP AND PASSED AN ORDER IN FAVOUR OF THE ASSESSEE (COPY OF JUDGEMENT ENCLOSED) 3. THE RATIONALE OF THE ABOVE CITED DECISIONS WILL SQUARELY APPLY TO THE INSTANT CASE WHICH THE CIT(A) HAS OVERLOOKED. 4. FOR THESE REASONS CITED ABOVE AND THOSE THAT MAY BE ADDUCED AT THE TIME OF THE HEARING, THE ASSESSEE PRAYS THAT THE OR DER OF THE CIT(A) BE QUASHED AND JUSTICE RENDERED. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE I S A DOMESTIC COMPANY ENGAGED IN THE BUSINESS OF MANUFACTURING AND SALE O F COTTON YARN IN BOTH DOMESTIC AND EXPORT MARKETS. THE ASSESSEE FILED RE TURN OF INCOME FOR THE ASSESSMENT YEAR 2014-15 ON 28.11.2014 DECLARING INC OME AS NIL. THE CASE WAS SELECTED FOR SCRUTINY AND DURING THE SCRUTINY P ROCEEDINGS, THE LD. ASSESSING OFFICER PROPOSED THE ADDITION OF RS. 2,78 ,373/- TOWARDS DISALLOWANCE U/S. 14A OF THE INCOME TAX ACT, 1961 R /W R. 8D OF THE INCOME TAX RULES, 1962. 3. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEF ORE LD. CIT(A). AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, THE LD . CIT(A) CONFIRMED THE DISALLOWANCE MADE BY THE AO U/S. 14A OF THE ACT R/W R. 8D OF THE RULES. 4. THE MAIN CONTENTION OF THE ASSESSEE IS THAT THE ASSESSEE DID NOT EARN ANY INCOME WHICH WAS EXEMPT FROM TAX DURING THE YEA R UNDER CONSIDERATION THEREFORE, THERE SHOULD NOT BE ANY DISALLOWANCE U/S . 14A OF THE ACT R/W R. 8D I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.1233 1233 1233 1233/ // /CHNY CHNY CHNY CHNY/ // /1 11 19 99 9 3 OF THE RULES. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE APPELLANT HAS NOT EARNED EXEMPT INCOME AND ALL THE INVESTMENTS HAD BEEN OUT OF ITS OWN FUND. THEREFORE, THE ORDER OF DISAL LOWANCE IN RELATION TO EXEMPT INCOME SHOULD NOT BE RESTORED. HE FURTHER S UBMITS THAT THE APPELLANT DID NOT INCUR ANY EXPENDITURE TOWARDS EARNING OF EX EMPT INCOME WHICH DOES NOT FORM PART OF THE TOTAL INCOME. THE LD. AR ALSO RELIED ON THE FOLLOWING DECISIONS OF HONBLE JURISDICTIONAL HIGH COURTS IN THE CASES OF REDINGTON (INDIA) LTD. VS. ADDL. CIT [2016] 392 ITR 633 (MAD) AND CIT VS. CHETTINAD LOGISTICS [2017] 80 TAXMANN.COM 221 (MAD.) . THEREFORE, THE ORDERS OF THE LD. CIT(A) SHOULD BE REVERSED. 5. ON THE OTHER HAND, THE LD. DR HAD SUBMITTED THAT THE APPELLANT HAD NOT MAINTAINED PROPER BOOKS OF ACCOUNTS WITH REGARD TO INVESTMENTS MADE. THE APPELLANT INCURRED INTEREST INCOME OF RS. 2,24,14,1 68/-. IT WAS THE FURTHER SUBMISSION OF THE DR THAT THE INVESTMENTS ARE COMPL EX IN NATURE AND THE COMPANY RUN BY ITS BOARD OF DIRECTORS AND THESE INV ESTMENTS MANAGED BY ITS KEY MANAGEMENT PERSONAL, EXECUTIVES ETC. FOR WH ICH EXPERTS ARE CONSULTED. THE VERY EXISTENCE OF A CORPORATE ENTIT Y AND ITS STRUCTURE REQUIRES ADMINISTRATIVE EXPENSES WHICH REQUIRE INCURRING OF MULTIFARIOUS EXPENSES INCLUDING ESTABLISHMENT, GENERAL AND ADMINISTRATIVE EXPENSES. HE FURTHER SUBMITS THAT THE AO HAS RECORDED HIS SATISFACTION R EGARDING THE INVESTMENT. THEREFORE, THE DISALLOWANCE U/S. 14A OF THE ACT HAS TO BE DETERMINED AS PER I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.1233 1233 1233 1233/ // /CHNY CHNY CHNY CHNY/ // /1 11 19 99 9 4 MECHANISM PROVIDED U/R. 8D OF THE RULES. HENCE, TH E ORDER PASSED BY THE LD. CIT(A) BE CONFIRMED. 6. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES B ELOW AND ALSO DECISION RELIED ON BY THE LD. AR AND ALSO LD. DR. THE LD. A R HEAVILY RELIED ON THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT I N THE CASE OF REDINGTON (INDIA) LTD. (SUPRA) AND CHETTINAD LOGISTICS (SUPRA ) . THE RATIO LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE O F REDINGTON (INDIA) LTD. HAS MENTIONED HEREIN UNDER: WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, THE INCOME TAX APPELLATE TRIBUNAL IS RIGHT IN LAW IN CO NFIRMING THE DISALLOWANCE UNDER SECTION 14A OF THE INCOME TAX AC T, OF AN AMOUNT OF RS.55,00,000/- IN RELATION TO ASSESSMENT YEAR 2007- 2008? 14. NOTHING MUCH TURNS ON THE USE OF THE WORD INCL UDABLE AND THE PHRASE UNDER THE ACT IN S. 14A AND WE ARE NOT PERSUADED TO ACCEPT THE EMPHASIS LAID OR THE INTERPRETATION OF T HE SAME BY THE REVENUE. AN ASSESSMENT IN TERMS OF THE INCOME TAX A CT IS SPECIFIC TO AN ASSESSMENT YEAR AND THE RELATED PREV IOUS YEAR. S.4 OF THE ACT, WHICH IMPOSES THE CHARGE TO TAX READS T HUS: CHARGE OF INCOME-TAX 4. (1) WHERE ANY CENTRAL ACT ENACTS THAT INCOME TA X SHALL BE CHARGED FOR ANY ASSESSMENT YEAR AT ANY RATE OR RATE S, INCOME-TAX AT THAT RATE OR THOSE RATES SHALL BE CHARGED FOR TH AT YEAR IN ACCORDANCE WITH AND SUBJECT TO THE PROVISIONS (INCL UDING PROVISIONS FOR THE LEVY OF ADDITIONAL INCOME-TAX) O F, THIS ACT IN RESPECT OF THE TOTAL INCOME OF THE PREVIOUS YEAR OF EVERY PERSON: PROVIDED THAT WHERE BY VIRTUE OF ANY PROVISION OF T HIS ACT INCOME- TAX IS TO BE CHARGED IN RESPECT OF THE INCOME OF A PERIOD OTHER THAN THE PREVIOUS YEAR, INCOME TAX SHALL BE CHARGED ACCORDINGLY. THUS, WHERE THE STATUTE INDENTED THAT INCOME SHALL BE RECOGNIZED FOR TAXATION IN RESPECT OF ANY PREVIOUS OTHER THAN THAT I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.1233 1233 1233 1233/ // /CHNY CHNY CHNY CHNY/ // /1 11 19 99 9 5 IMMEDIATELY PRECEDING THE RELEVANT ASSESSMENT YEAR, THE PROVISION SHALL EXPRESSLY STATE SO. THE PROVISIONS OF S.10 IN CHAPTER III OF THE ACT DEALING WITH INCOMES NOT IN CLUDED IN TOTAL INCOME COMMENCES WITH THE PHRASE IN COMPUTING THE TOTAL INCOME OF A PREVIOUS YEAR , ANY INCOME FALLING WITHIN ANY OF THE FOLLOWING CLAUSES SHALL NOT BE INCLUDED .....' 15. THE EXEMPTION EXTENDED TO DIVIDEND INCOME WOULD RELATE ONLY TO THE PREVIOUS YEAR WHEN THE INCOME WAS EARNED AND NONE OTHER AND CONSEQUENTLY THE EXPENDITURE INCURRED IN CONNEC TION THEREWITH SHOULD ALSO BE DEALT WITH IN THE SAME PRE VIOUS YEAR. THUS, BY APPLICATION OF THE MATCHING CONCEPT, IN A YEAR WHERE THERE IS NO EXEMPT INCOME, THERE CANNOT BE A DISALL OWANCE OF EXPENDITURE IN RELATION TO SUCH ASSUMED INCOME. (MADRAS INDUSTRIAL INVESTMENT CORPORATION LTD VS. CIT (225 ITR 802)) . THE LANGUAGE OF S.14A (1) SHOULD BE READ IN THAT CO NTEXT AND SUCH THAT IT ADVANCES THE SCHEME OF THE ACT RAT HER THAN DISTORT IT. 16. IN CONCLUSION, WE ARE OF THE VIEW THAT THE PROV ISIONS OF S. 14A READ WITH RULE 8D OF THE RULES CANNOT BE MADE APPLI CABLE IN A VACUUM I.E. IN THE ABSENCE OF EXEMPT INCOME. THE QU ESTIONS OF LAW ARE ANSWERED IN FAVOUR OF THE ASSESSEE AND AGAI NST THE DEPARTMENT AND THE APPEAL ALLOWED. NO COSTS. 7. FURTHER CONSIDERING THE ABOVE RATIO LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT, WE ARE OF THE CONSIDERED OPINION THAT WHEN THERE IS NO DIVIDEND INCOME EARNED BY THE ASSESSEE THERE SHOULD NOT BE ANY DISALLOWANCE U/S. 14A OF THE ACT R/W. R. 8D OF THE RULES. THE DECISION RELIED BY THE LD. DR IN THE CASE OF LALLY MOTORS INDIA (P.) LTD. [2018] 93 TAXMANN.COM 39, ITAT, AMRITSAR IS NOT APPLICABLE TO THE FACTS OF THE PRESENT CASE. THEREFORE, THE GROUNDS RAISED BY THE ASSESSE E ARE ALLOWED. WE DIRECT THE AO TO DELETE THE DISALLOWANCE U/S. 14A O F THE ACT R/W. R. 8D OF THE RULES AS PER THE RATIO LAID DOWN BY THE HONBLE JUR ISDICTIONAL HIGH COURT IN I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.1233 1233 1233 1233/ // /CHNY CHNY CHNY CHNY/ // /1 11 19 99 9 6 THE CASE OF REDINGTON (INDIA) LTD . HENCE, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 8. IN THE RESULT, THE APPEAL FILED BY THE ASSESSE E IS ALLOWED. ORDER PRONOUNCED ON THE 21 ST AUGUST, 2019 AT CHENNAI. SD/- SD/- (S JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 21.08.2019 EDN, SR. PS 0 ' ),1 2! 32$, /COPY TO: 1. ! %& / APPELLANT, 2. )*%& / RESPONDENT, 3. 4, ( ! ) /CIT(A), 4. 4, /CIT, 5. 256 ),7 /DR & 6. 6' 8+ /GF.