2012 (7) TMI 982 - AT - Income Tax

Summary

Issues involved: Disallowance of expenses u/s 14A r.w.rule 8D, Disallowance u/s 40(a)(ia) in respect of NSE settlement & Leaseline charges

Issue 1: Disallowance of expenses u/s 14A r.w.rule 8D

The Revenue appealed against the deletion of expenses disallowance amounting to Rs. 9,09,083 u/s 14A r.w.rule 8D. The Commissioner (Appeals) restricted the disallowance to 5% of the dividend income, stating that rule 8D is not applicable. The Revenue contested this decision, but the Tribunal declined to interfere, citing the smallness of the matter and the Commissioner's reasoning based on Tribunal decisions.

Issue 2: Disallowance u/s 40(a)(ia) in respect of NSE settlement & Leaseline charges

The Revenue challenged the deletion of disallowance amounting to Rs. 5,79,525 u/s 40(a)(ia) for NSE settlement & Leaseline charges. The Commissioner (Appeals) ruled in favor of the assessee, considering the nature of the services provided by the stock exchange and the fact that TDS was not deducted. The Tribunal referred to a similar case where disallowance was not upheld under section 40(a)(ia) for similar charges, leading to the dismissal of the Revenue's appeal.

In conclusion, the Tribunal upheld the decisions of the Commissioner (Appeals) regarding both issues, resulting in the dismissal of the Revenue's appeal.