2021 (1) TMI 1260 - HC - Income Tax

Disallowance u/s. 14A of the Act r.w. Rule 8D - HELD THAT - The first question is covered by a decision of this Court in the case of CIT Vs. Corrtech Energy Pvt. Ltd. 2014 (3) TMI 856 - GUJARAT HIGH COURT The view taken therein is that when the assessee has not made claim for exemption in the income from payment of tax in disallowance could be made under Section 14A of the Act. Addition on account of disallowance u/s. 14A r.w Rule 8D while computing Book Profit u/s. 115JB - HELD THAT - The second question would also not survive once the view is taken that there could not have been any disallowance under Section 14A read with Rule 8D of the Act. In such circumstances there is no question of computing the Book Profit under Section 115JB of the Act. In other words the expenses incurred to exempt the income cannot be added for computing the Book Profit under Section 115JB of the Act. We may clarify that since the disallowance under Section 14A itself has been deleted therefore there is no question of adding back under Section 115JB

Summary

Issues:
1. Deletion of addition under Section 14A of the Income Tax Act, 1961
2. Deletion of addition under Section 14A while computing Book Profit under Section 115JB

Analysis:

Issue 1: Deletion of addition under Section 14A
The Tax Appeal under Section 260A of the Income Tax Act, 1961 was filed by the Revenue against the order of the Income Tax Appellate Tribunal, Ahmedabad Bench. The substantial question of law raised was whether the Tribunal erred in deleting the addition of Rs.13,55,80,000 made on account of disallowance under Section 14A of the Act read with Rule 8D. The Court noted that the issue was no longer res integra as per the decision in CIT Vs. Corrtech Energy Pvt. Ltd. The Court held that if the assessee has not claimed exemption in the income from payment of tax, then disallowance under Section 14A of the Act could not be made. Consequently, the Court dismissed the appeal, stating that since the disallowance under Section 14A was deleted, there was no need to add back under Section 115JB of the Act.

Issue 2: Deletion of addition under Section 14A while computing Book Profit under Section 115JB
The second substantial question raised was whether the Tribunal erred in deleting the addition of Rs.13,55,80,000 under Section 14A read with Rule 8D while computing Book Profit under Section 115JB of the Act. The Court clarified that once it was established that there could be no disallowance under Section 14A read with Rule 8D, there was no basis for computing the Book Profit under Section 115JB of the Act. The Court emphasized that expenses incurred to exempt income could not be added for computing the Book Profit under Section 115JB. Consequently, the Court dismissed the appeal, reiterating that since the disallowance under Section 14A was deleted, there was no requirement to add back under Section 115JB of the Act.

In conclusion, the High Court of Gujarat dismissed the Tax Appeal filed by the Revenue, as the issues regarding the deletion of additions under Section 14A of the Income Tax Act, 1961, and the computation of Book Profit under Section 115JB were resolved in favor of the assessee based on established legal principles and precedents.