DLF Universal Ltd. v. Dy.CIT (2021) 88 ITR 33 (SN) (Delhi) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Purpose for which the investment was made is not relevant for disallowance. [R. 8D]

Tribunal held that with respect to interest expenditure it is apparent that assessee has huge interest free funds in form of share capital and free reserve of approximately Rs. 983 crores against the investment in equity shares of Rs. 53 crores. Therefore, in absence of any contrary evidence, the presumption lies in favour of the assessee that investment in such equity shares have been made out of interest free funds. That dominant purpose for which investment into shares are made is not relevant for disallowance u/s 14A of the Act. We hold that there is no justification for reducing the sum of Rs. 22.67 crores being investment in subsidiaries out of total investment in equity shares of Rs. 53.51 crores. (AY. 2011-12)