M/S. SRI VENKATACHALAPATHY SPINNING MILLS PVT. LTD., RAJAPALAYAM V. DCIT, CORPORATE CIRLCE - 2, MADURAI

ITA 529/CHNY/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8617 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 08-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Earning of tax free income; Rule 8D
• Section: 14A

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. Nos.528 and 529/Chny/2020 िनधाŊरण वषŊ/Assessment Years: 2013-14 & 2014-15 M/s. Sri Venkatachalapathy Spinning Mills Private Limited,454, Kothankulam Village, Srivilliputhur Road, Rajapalayam 626 117. [PAN:AADCS9037R] Vs. The Deputy Commissioner of Income Tax, Corporate Circle 2, Madurai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri S. Sridhar, Advocate ŮȑथŎ की ओर से/Respondent by : Shri AR V Sreenivasan, Addl. CIT सुनवाई की तारीख/ Date of hearing : 10.02.2022 घोषणा की तारीख /Date of Pronouncement : 18.02.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: Both the appeals filed by the assessee are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 1, Madurai both dated 20.12.2019 relevant to the assessment years 2013-14 and 2014-15. The only effective common ground raised in both the appals of the assessee relates to confirmation of disallowance made under section 14A of the Income Tax Act, 1961 r.w. Rule 8D of the Income Tax Rules, 1962. I.T.A. Nos.528 & 529/Chny/2020 2 2. Brief facts leading to the ground are that in the assessment order for the assessment year 2013-14, the Assessing Officer has noted that the assessee has made investments to the tune of ₹.36,61,106/-. The value of investments during the previous year ended on 31.03.2013 and 31.03.2012 is ₹.36,61,106/- and ₹. 36,25,973/- respectively. The average value of total investment is ₹.36,43,540/-. The above investments in shares have led to earning of dividend income. However, since the assessee has claimed that it did not incur any expenditure towards earning of dividend income which does not form part of the total income, by invoking the provisions of section 14A r.w. Rule 8D, the Assessing Officer determined the expenditure attributable to earning of dividend income at ₹.3,61,427/- and brought to tax. On appeal, the ld. CIT(A) confirmed the disallowance made by the Assessing Officer under section 14A of the Act. 2.1 Similarly, for the assessment year 2014-15 also, the Assessing Officer determined the expenditure attributable to earning of dividend income at ₹.2,34,040/-, which was confirmed by the ld. CIT(A) on appeal. I.T.A. Nos.528 & 529/Chny/2020 3 3. On being aggrieved, the assessee is in appeal before the Tribunal for both the assessment years. The ld. Counsel for the assessee has submitted that the disallowance under section 14A r.w. Rule 8D may be restricted to the extent the assessee has earned the exempt income for both the assessment years under appeal. 4. On the other hand, the ld. DR has strongly supported the orders of authorities below. 5. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below including the paper book filed by the assessee. Against the disallowance made under section 14A r.w. Rule 8D, in the grounds of appeal the assessee has raised a specific ground that the assessee has earned exempt income of ₹.10,133/- during the assessment year 2013-14 and ₹.10,322/- in the assessment year 2014-15, whereas, the Assessing Officer made the disallowance under section 14A r.w. Rule 8D at ₹.3,61,427/- for the assessment year 2013-14 and ₹.2,34,040/- for the assessment year 2014-15 without any reasonableness, which was confirmed by the ld. CIT(A) on appeal. I.T.A. Nos.528 & 529/Chny/2020 4 6. Before us, the ld. Counsel for the assessee has submitted that the Tribunal is consistently following the judgement of Hon’ble Delhi High Court in the case of Joint Investments Pvt. Ltd. v. CIT 372 ITR 694 to restrict the disallowance under section 14A of the Act to the extent of earning of exempt income, which may be followed. On perusal of the orders of authorities below, nowhere in the assessment order or appellate order, it is mentioned that the assessee has earned exempt income for both the assessment years. However, only in the grounds of appeal, the assessee has claimed to have earned exempt income of ₹.10,133/- against which disallowance under section 14A of the Act was made at ₹.3,61,427/- for the assessment year 2013-14. Similarly, for the assessment year 2014-15 also specific ground was raised that the assessee earned exempt income of ₹.10,322/- against which disallowance was made at ₹.2,31,040/-. Under the above facts and circumstances, we direct the Assessing Officer to examine and verify as to whether the assessee has received any exempt income in both the assessment years and if so, the disallowance under section 14A of the Act shall be restricted to the extent the exempt income is earned in view of the decision of the Hon’ble Delhi High Court in the I.T.A. Nos.528 & 529/Chny/2020 5 case of Joint Investments Pvt. Ltd. v. CIT (supra) and, in case no exempt income was earned, no disallowance could be made in view of the decision of the Hon’ble Supreme Court in the case of CIT v. Chettinad Logistics (P) Ltd. [2017] 80 taxmann.com 221 (SC), wherein, while dismissing the SLP filed by the Department, the Hon’ble Supreme Court has held that where no exempt income i.e., dividend, was earned in the relevant assessment year by the assessee, section 14A of the Act could not be invoked. 7. In the result, both the appeals filed by the assessee are allowed for statistical purposes. Order pronounced on 18 th February, 2022 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 18.02.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.