2002 (7) TMI 89 - HC - Income Tax

Depreciation, Company, Rate Of Depreciation, Book Profit - whether, on the facts and in the circumstances of the case, the book profit estimate under section 115J with depreciation as per the provisions of the Income-tax Act is not in accordance with law and the Tribunal is justified in interfering with the same? - we are of the view that the book profit estimate under section 115J with depreciation shall be calculated on the basis of Schedule VI to the Companies Act and not as per the provisions of the Act. The order of the Tribunal to the above point is set aside and the appeal is allowed

Summary

Issues:
Interpretation of section 115J of the Income-tax Act for calculating book profit with depreciation as per the Companies Act.

Analysis:
The High Court of Kerala, in this judgment, dealt with an appeal filed by the Commissioner of Income-tax against an order passed by the Income-tax Appellate Tribunal. The case involved the calculation of book profit under section 115J of the Income-tax Act for an assessment year. The appellant, a private limited company engaged in manufacturing orthopedic appliances, had returned income and provided depreciation as per the Income-tax Rules. However, the Assessing Officer recomputed the book profit for section 115J by allowing depreciation at a lower rate as per the Companies Act. The Commissioner of Income-tax (Appeals) allowed the assessee's appeal, but the Tribunal dismissed the Department's appeal, leading to the present appeal.

The main issue considered by the court was whether the book profit estimate under section 115J with depreciation as per the Income-tax Act was in accordance with the law, and if the Tribunal was justified in interfering with it. The court analyzed section 115J of the Act, which mandates that every company prepares its profit and loss account in accordance with the provisions of the Companies Act. The argument presented was that as a private company, the provisions of Part II of Schedule VI to the Companies Act were not applicable. However, the court referred to section 350 of the Companies Act, which specifies the method for calculating depreciation based on the written-down value of assets. It was contended that the depreciation should be calculated as per the Income-tax Act, but the court disagreed, emphasizing the need for companies to pay a minimum corporate tax on their profits.

The court held that the book profit estimate under section 115J should be calculated based on Schedule VI to the Companies Act and not as per the Income-tax Act. It set aside the Tribunal's order and allowed the appeal, directing the Assessing Officer to reassess the income based on the provisions of the Companies Act for depreciation calculation. The judgment clarified the applicability of section 115J and the importance of ensuring that profitable companies pay a minimum tax, highlighting the legislative intent behind the provision.

In conclusion, the court's decision in this case provides clarity on the calculation of book profit under section 115J of the Income-tax Act, emphasizing the necessity of following the provisions of the Companies Act for depreciation calculation. The judgment underscores the legislative objective of ensuring that profitable companies contribute to tax revenue by paying a minimum corporate tax on their declared profits, thereby upholding the principles of fairness and equity in taxation.