ITAT deletes 77.64 lakh 14A disallowance for lack of AO satisfaction; remands TP interest adjustment to TPO for working capital analysis.
Meetu Kumari | Jun 28, 2025 |
Tribunal Rejects 14A Addition, Orders Fresh Review on TP Interest
The assessee provides consultancy and back-office services to its associated enterprises (AEs). It filed its return for AY 2020–21, declaring Rs. 107.61 crore income. The case was referred to the TPO, who made a TP adjustment of Rs. 2.72 crore and a further Rs. 33.6 lakh on interest for delayed receivables. Additionally, the AO made a disallowance of Rs. 77.64 lakh under Section 14A r.w. Rule 8D, over and above the assessee’s suo motu disallowance of Rs. 11.46 lakh.
Aggrieved by the additions, the assessee approached the DRP, which confirmed the adjustments. The AO passed the final assessment order, prompting the present appeal before the ITAT.
Issue Raised: Whether the AO was justified in making a disallowance under Section 14A despite the assessee’s suo motu adjustment and absence of borrowed funds, and whether the TP adjustment for interest on delayed receivables was valid without allowing a working capital adjustment.
ITAT Held: The Tribunal ruled that the AO had failed to record satisfaction as required under Section 14A(2). The assessee had not used borrowed funds for mutual fund investment and had already disallowed Rs. 11.46 lakh without being asked. The Tribunal concluded that no further disallowance was justified without proper satisfaction. The AO also erred by quoting the wrong figure of Rs. 30.20 lakh in the satisfaction note, which further weakened the Revenue’s case.
On the TP adjustment for interest on delayed receivables, the tribunal accepted the assessee’s reliance on the High Court decision in Kusum Healthcare Pvt. Ltd., which held that a working capital adjustment covers such interest.
The matter was remanded to the TPO to grant a working capital adjustment, compare it with Kusum Healthcare’s facts, and then compute any residual adjustment. Other issues, including a Rs. 16 crore disallowance under Section 43B, a Rs. 10.69 crore bonus disallowance, a Rs. 16.61 lakh SEZ penalty, and a Rs. 7.80 lakh TDS credit shortfall, were remanded back to the AO for verification and fresh adjudication.
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