HINDUSTAN PENCILS P.LTD, MUMBAI V. ADDL CIT RG 2(1), MUMBAI

ITA 1426/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8396 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 15-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN
• Assessee Lawyers: ANUJ KISNADWALLA
• Section: 14A; 115JB; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & RAMLAL NEGI (JM) I.T.A. NO. 1426 /MUM/20 16 (ASSESSMENT YEAR 20 11 - 12 ) M/S. HINDUSTAN PENCILS P. LTD. 510, HIMALAYA HOUSE 79, PALTON ROAD MUMBAI - 400 001. PAN : AAACH 0401R VS. ADDL. CIT RANGE - 2(1) AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI ANUJ KISNADWALLA DEPARTMENT BY S HRI M.C. OMI NINGSHEN DATE OF HEARING 20 . 1 1 . 201 7 DATE OF PRONOUNCEMENT 20 . 11 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 06 - 01 - 2016 PASSED BY LD CIT(A) - 4, MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 2011 - 12. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING T HE DISALLOWANCE MADE OUT OF INTEREST EXPENDITURE TO THE TUNE OF RS.43.43 LAKHS U/R 8D(2)(II) OF THE I.T RULES READ WITH SEC. 14A OF THE ACT. 2. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE ASSESSEE IS ENGAGED IN THE BUSINESS OF MANUFACTURE AND SAL E OF PENCIL ITEMS. DURING THE YEAR UNDER CONSIDERATION, IT RECEIVED DIVIDEND INCOME OF RS.38.41 LAKHS AND CLAIMED THE SAME AS EXEMPT. THE ASSESSEE MADE DISALLOWANCE OF RS.9.59 LAKHS FROM OUT OF ADMINISTRATIVE EXPENSES U/R 8D(2)(III) R/W SEC. 14A OF THE A CT. THE AO NOTICED THAT THE ASSESSEE DID NOT MAKE ANY DISALLOWANCE FROM OUT OF INTEREST EXPENDITURE AS REQUIRED UNDER RULE 8D(2)(II) OF THE I.T RULES. ACCORDINGLY THE AO COMPUTED THE DISALLOWANCE OF INTEREST EXPENDITURE AT RS.43.43 LAKHS AND DISALLOWED T HE SAME U/S 14A OF THE ACT WHILE COMPUTING TOTAL INCOME UNDER NORMAL PROVISIONS OF THE ACT AND ALSO ADDED THE SAME TO THE BOOK PROFIT 2 COMPUTED U/S 115JB OF THE ACT. THE LD CIT(A) ALSO CONFIRMED THE SAME AND HENCE THE ASSESSEE HAS FILED THIS APPEAL. 3. BEFORE US, THE LD A.R SUBMITTED THAT THE OWN FUNDS AVAILABLE WITH THE ASSESSEE IS IN FAR EXCESS OF THE AMOUNT OF INVESTMENTS AND HENCE NO DISALLOWANCE OUT OF INTEREST EXPENDITURE IS CALLED FOR AS PER THE DECISION RENDERED BY HONBLE BOMBAY HIGH COURT IN T HE CASE OF CIT VS. HDFC BANK LTD (2016)(284 CTR (BOM) 409. HE SUBMITTED THAT THE VERY SAME PRINCIPLE WILL APPLY TO THE DISALLOWANCE TO BE MADE WHILE COMPUTING BOOK PROFITS U/S 115JB OF THE ACT. 4. ON THE CONTRARY, THE LD D.R SUPPORTED THE ORDER OF LD CIT(A). 5. HAVING HEARD RIVAL SUBMISSIONS, WE ARE OF THE VIEW THAT THERE IS MERIT IN THE CONTENTIONS OF THE ASSESSEE. A PERUSAL OF THE BALANCE SHEET FILED IN THE PAPER BOOK WOULD SHOW THAT THE OWN FUNDS AVAILABLE WITH THE ASSESSEE STOOD AT RS.9152.64 LAKHS AND RS.9026.57 LAKHS RESPECTIVELY AS ON 31.3.2011 AND 31.3.2010. THE AMOUNT OF INVESTMENTS ON THE SAME DATES STOOD AT RS.1992.40 LAKHS AND RS.1855.18 LAKHS RESPECTIVELY. THUS WE NOTICE THAT THE OWN FUNDS AVAILABLE WITH THE ASSESSEE ARE IN FAR EXCE SS OF THE AMOUNT OF INVESTMENTS IN THE BEGINNING AS WELL AS AT THE END OF THE YEAR. HENCE, AS PER THE BINDING DECISION RENDERED BY HONBLE BOMBAY HIGH COURT IN THE CASE OF HDFC BANK (SUPRA), NO DISALLOWANCE IS REQUIRED TO BE MADE OUT OF INTEREST EXPENDITU RE. ACCORDINGLY WE SET ASIDE THE ORDER PASSED BY LD CIT(A) ON THIS ISSUE AND DIRECT THE AO TO DELETE THE DISALLOWANCE OF INTEREST EXPENDITURE MADE U/S 14A OF THE ACT BOTH UNDER NORMAL PROVISIONS AS WELL AS U/S 115JB OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 20 . 1 1 .201 7. SD/ - SD/ - (RAMLAL NEGI ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 20 / 11 / 20 1 7 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSTT. REGISTRAR /SENIOR PS ) PS ITAT, MUMBAI