16 November 2013
Dear sir 1-we have invested in listed company Rs 5000.00 in f.y 2005 & also invested unlisted group company Rs 300000000.00(30crore) . 2- we have received dividend RS 10000.00 FROM LISTED COMPANY IN THR F.Y 12-13. 3- NO EXPENDITURE INCURRED FOR DIVIDEND 4- TOTAL INTEREST PAID RS. 40 CRORE IN THE COMPANY F.Y 12-13 QUERY:- FOR CALCULATION U/S 14A (RULE D)WE SHOULD TAKE TOTAL INVESTMENT (300000000+5000) OR ONLY RS 5000.00 OR DIVIDEND RECEIVED AMOUNT RS 10000
You can take a stand that only Rs 5000 should be included for computation of disallowance under Rule 8D since investment in private companies can lead to both exempt or taxable income
For this you may refer: Pune ITAT judgment in the case reported 120 TTJ 397