The Tribunal after discussing the decision the following case laws Reliance Utilities & Power Ltd(2009 )313 ITR 340 ( Bom) (HC) High Court in the case of JCIT v. Beekay Engineering Corporation (2010) 325 ITR 384( Chhattisgarh) (HC) and PCIT v. Sintex Industries Ltd. (Guj) (HC) (ITA No.291 of 2017 dt. 04.05.2017) held that no disallowance of interest can be made as the assessee had sufficient own funds and free reserves. However, considering the huge investments, 2% of the dividend income should be disallowed towards administrative expenses.(AY. 2011-12)
DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur) (Trib)
S. 14A : Disallowance of expenditure-Exempt income–Investments out of own funds and free reserves not liable for disallowance- 2% of dividend income was disallowed towards administrative expenses. [R. 8D]