ACIT v. Electrosteel Casting Ltd. (2023)101 ITR 359 (Kol) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-Own funds available to cover investments-Presumption-Own funds are used-Interest expense-Cannot be disallowed-Disallowance can be made only in respect of investment which yielded dividend income. [R. 8D]

The Hon’ble Tribunal held if the overall funds position, i. e., if the assessee’s own funds were sufficient to cover the investments, a presumption had to be drawn that own funds were used for making investments. The issue was to be restored to the Assessing Officer for a fresh consideration. No disallowance could be made on account of interest expense under section 14A read with rule 8D(2)(ii). Further, disallowance could be made only in respect of those investments which yielded dividend income under section 14A of the Act read with rule 8D(2)(iii). (AY. 2014-15, 2015-16).