Provisions of rule 8D of the Rules which have been notified with effect from March 24, 2008, would apply with effect from assessment year 2008-09. Even prior to assessment year 2008-09, when rule 8D was not applicable, the AO had to enforce the provisions of sub-section (1) of section 14A. For that purpose, the AO is duty bound to determine the expenditure which has been incurred in relation to income which does not form part of the total income under the Act.
The AO must adopt a reasonable basis or method consistent with all the relevant facts and circumstances af ter furnishing a reasonable opportunity to the assessee to place all germane material on the record. The proceedings for assessment year 2002-03 would stand remanded to the AO. The AO should determine as to whether the assessee had incurred any expenditure (direct or indirect) in relation to dividend income/income from mutual funds which does not form part of the total income as contemplated under section 14A. The AO can adopt a reasonable basis for effecting the apportionment. While making that determination, the AO should provide a reasonable opportunity to the assessee of producing its accounts and relevant or germane material having a bearing on the facts and circumstances of the case.
INCOME TAX APPELLATE TRIBUNAL, MUMBAI
ITA No. 6974/Mum/2010- Assessment Year: 2005-06
Abbott Healthcare P. Ltd.
Vs.
Addl. Commissioner of Income-tax
Date of Pronouncement: 17/04/2012
ORDER
