2019 (7) TMI 1953 - AT - Income Tax

Disallowance u/s 14A r.w.r. 8D - expenses for earning dividend - HELD THAT - As relying on Maxopp Investment Ltd. 2018 (3) TMI 805 - SUPREME COURT contention of assessee that no disallowance under section 14A of the Act can be made in respect of investment in the shares of the subsidiary for strategic investment are rejected. In our opinion there is no error in the order of the lower authorities in making disallowance under section 14A of the Act read with Rule 8D of Income Tax Rules 1962. - Decided against assessee.

Summary

Issues:
Disallowance under section 14A of Income Tax Act, 1961 for expenses related to earning dividend income.

Analysis:
The appeal was against the order confirming a disallowance of Rs.6,05,176 under section 14A of the Income Tax Act, 1961. The assessee, engaged in automobile dealership, filed a return declaring total income of Rs.12,77,25,100 for the assessment year 2013-14. The disallowance was made based on the disallowance of Rs.1,29,274 at 10% of the dividend income earned. The Assessing Officer invoked Rule 8D of Income Tax Rules to compute the disallowance. The assessee argued that disallowance should be deleted based on previous tribunal decisions. However, the Department argued that post-2008, Rule 8D applies for disallowance, and previous decisions are no longer valid.

The Assessing Officer computed disallowance at 0.5% of the average investment to cover administrative expenses. The CIT(A) noted that the assessee made a suomoto disallowance of Rs.1,29,274 without proper explanation. The assessee relied on a tribunal decision for the assessment year 2004-05, but the Department argued that Rule 8D applies post-2008. The Tribunal upheld the disallowance under section 14A read with Rule 8D.

The Tribunal referred to the decision of the Hon’ble Supreme Court in the case of Maxopp Investment Ltd. Vs. CIT, which clarified that expenses related to earning exempt income must be disallowed, regardless of the dominant purpose of the investment. The Tribunal rejected the argument that no disallowance can be made for strategic investments in shares of subsidiaries. It upheld the disallowance under section 14A of the Act read with Rule 8D of Income Tax Rules, 1962. The appeal was dismissed, and the order was pronounced on 31st July 2019.