ACIT,Cir-27(1), Kolkata, Purba Medinipur V. Mugberia Central Co-Operative Bank Ltd., Purba Medinipur

ITA 2355/KOL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1198 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 15-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Keywords: Earning of tax free income
• Section: 14A

Judgement Text

1 ITA NO.2355/KOL/2016 MUGEBERIA CENTRAL CO-OPERATIVE BANK LTD.., AY- 2013 -14 , D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA ( ) BEFORE . . , /AND . , ) [BEFORE SHRI A. T. VARKEY, JM & SHRI M.BALAGANESH, AM] I.T.A. NO. 2355/KOL/2016 ASSESSMENT YEAR: 2013-14 ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-27(1), HALDIA VS. MUGEBERIA CENTRAL CO-OPERATIVE BANK LTD. (PAN: AAAAM4411G) APPELLANT RESPONDENT DATE OF HEARING 19.02.2018 DATE OF PRONOUNCEMENT 28.03.2018 FOR THE APPELLANT SHRI ARINDAM BHATTACHARJEE, ADDL. CIT FOR THE RESPONDENT SHRI SANJAY BHATTACHARYA, FCA ORDER PER SHRI A.T.VARKEY, JM THE APPEAL FILED BY THE REVENUE IS AGAINST THE ORDE R OF LD. CIT(A)-7, KOLKATA DATED 29.09.2016 FOR AY 2013-14. 2. THE SOLE GROUND OF APPEAL OF REVENUE IS AGAINST THE ORDER OF LD. CIT(A) IN DELETING THE DISALLOWANCE OF RS.2,17,43,507/- AS PER SEC. 14 A OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) READ WITH RU LE 8D OF THE INCOME-TAX RULES, 1962 (HEREINAFTER REFERRED TO AS THE RULES). 3. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE IS A COOPERATIVE BANK FILED ITS E-RETURN FOR AY 2013-14 ON 27.09.2013 DECLARING TOTAL INCOME OF RS.2,49,03,480/-. DURING THE COURSE OF SCRUTINY PROCEEDINGS, THE AO OBSERVED THAT DURIN G THE PERIOD UNDER CONSIDERATION THE ASSESSEE HAS, IN THE BALANCE SHEET, CERTAIN INVESTM ENTS WHICH HAVE NOT YIELDED ANY INCOME TO THE ASSESSEE. IN OTHER WORDS, IN COMPUTING THE T OTAL INCOME FOR THE YEAR UNDER CONSIDERATION, THERE IS NO INCOME SHOWN TO HAVE BEE N EARNED BY THE ASSESSEE FROM CERTAIN INVESTMENTS THOUGH THE ASSESSEE HAS CLAIMED INTERES T EXPENDITURE IN THE PROFIT & LOSS ACCOUNT. ACCORDING TO AO, SOME PART OF THE INTEREST EXPENDITURE MUST BE ATTRIBUTABLE TO 2 ITA NO.2355/KOL/2016 MUGEBERIA CENTRAL CO-OPERATIVE BANK LTD.., AY- 2013 -14 THESE EXEMPT INVESTMENTS. THE ASSESSEE HAS NOT SHOW N OR CLAIMED ANY EXPENDITURE CORRESPONDING TO THESE EXEMPT INVESTMENTS. THEREFOR E, ACCORDING TO AO, THE PROVISIONS OF SECTION 14A OF THE ACT ARE INVOKED IN THIS CASE. WH EN ASKED AS TO WHY THE PROVISIONS OF SECTION 14A SHOULD NOT BE MADE BE APPLICABLE, IT IS THE CONTENTION OF THE ASSESSEE THAT SINCE THERE IS NO EXEMPT INCOME INCLUDED IN COMPUTING THE TOTAL INCOME, THERE WILL NOT BE ANY SCOPE FOR APPLICABILITY OF PROVISIONS OF SECTION 14 A. HOWEVER, THE AO RELYING ON CIRCULAR NO. 5 / 2014 DATED 11TH FEBRUARY, 2014 ISSUED BY TH E CENTRAL BOARD OF DIRECT TAXES WAS OF THE OPINION THAT EVEN THOUGH THE TAX PAYER HAS NOT EARNED ANY EXEMPT INCOME DURING A PARTICULAR YEAR, THE RULE 8D R.W.S. SECTION 14A OF THE ACT PROVIDES FOR DISALLOWANCE OF EXPENSES. THEREAFTER, THE AO AS PER SECTION 14A OF THE ACT READ WITH RULE 8D OF THE RULES CALCULATED THE DISALLOWANCE AT RS.2,17,43,507/- AND ADDED THE SAME TO THE TOTAL INCOME OF THE ASSESSEE. ON APPEAL, THE LD. CIT(A) DELETED TH E ADDITION. AGGRIEVED, REVENUE IS IN APPEAL BEFORE US. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THRO UGH THE ORDER OF LD. CIT(A). THE ASSESSEE IS IN THE BUSINESS OF RUNNING A COOPERATIV E BANK. IN ITS RETURN OF INCOME, THE ASSESSEE RETURNED TOTAL INCOME OF RS.2,49,03,480/-. THE AO DURING SCRUTINY OBSERVED THAT THE ASSESSEE HAS IN ITS BALANCE SHEET, CERTAIN INVE STMENTS WHICH HAVE NOT YIELDED ANY INCOME TO THE ASSESSEE. ACCORDING TO HIM, WHILE COMPUTING THE TOTAL INCOME, SINCE NO INCOME HAS BEEN SHOWN TO HAVE BEEN EARNED BY THE ASSESSEE FROM INVESTMENTS, AND AT THE SAME TIME WHEN THE ASSESSEE HAS CLAIMED INTEREST EXPENDITURE IN THE P&L ACCOUNT, THEN ACCORDING TO AO, SOME PART OF THE INTEREST EXPENDITURE MUST BE A TTRIBUTABLE TO THE EXEMPT INVESTMENT. THUS ACCORDING TO AO, SINCE THE ASSESSEE HAS NOT SH OWN OR CLAIMED ANY EXPENDITURE CORRESPONDING TO THESE EXEMPT INVESTMENTS, HE APPLI ED SEC. 14A OF THE ACT READ WITH RULE 8D OF THE RULES TO COMPUTE DISALLOWANCE OF RS.2,17, 43,507/-. ON APPEAL, THE LD. CIT(A) TOOK NOTE OF THE FACT THAT ASSESSEE HAS NOT EARNED ANY EXEMPT INCOME/DIVIDEND AND GAVE RELIEF TO THE ASSESSEE. WE NOTE THAT ASSESSEE HAS N OT EARNED ANY EXEMPT INCOME/DIVIDEND THIS YEAR, THEREFORE, THERE WAS NO QUESTION OF MAKING AN Y DISALLOWANCE INVOKING SEC. 14A OF THE ACT READ WITH RULE 8 OF RULES. FOR THAT WE RELY ON THE DECISION OF HONBLE PUNJAB & HARYANA HIGH COURT IN CIT VS. HERO CYCLES LTD. (201 0) 323 ITR 518 WHEREIN IT WAS HELD 3 ITA NO.2355/KOL/2016 MUGEBERIA CENTRAL CO-OPERATIVE BANK LTD.., AY- 2013 -14 THAT SEC. 14A OF THE ACT CANNOT BE INVOKED WHEN NO EXEMPT INCOME WAS EARNED BY THE ASSESSEE. THEREFORE, WE CONCUR WITH THE DECISION O F LD. CIT(A) AND DISMISS THE REVENUES APPEAL. 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 28.03.2018 SD/- SD/- (M. BALAGANESH) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28TH MARCH, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ACIT, CIRCLE-27(1), HALDIA 2 RESPONDENT MUGEBERIA CENTRAL CO-OP. BANK LTD., MUGEBERIA, DIST. PURBA MEDINIPUR, PIN-721425. 3. THE CIT(A) KOLKATA. 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY