2010 (10) TMI 935 - HC - Income Tax

Summary

Issues Involved:
The judgment involves issues related to provision for bad debt in book profit computation, levy of interest under section 234D, disallowance under section 14A, yield to maturity method of valuation, classification of rural branches, and proportionate addition of expenditure attributable to exempted income in book profit computation under section 115JA.

Provision for Bad Debt:
In I.T.A. No. 1758 of 2009, the issue of whether provision for bad debt should be added in the computation of book profit was raised. Despite a Supreme Court decision in favor of the assessee, a subsequent retrospective amendment nullified the judgment. The High Court set aside the Tribunal's order and directed the Assessing Officer to consider the amended provisions for reassessment.

Levy of Interest under Section 234D:
Regarding the levy of interest under section 234D of the Income-tax Act, the High Court referred to a specific judgment and directed the Assessing Officer to demand interest in accordance with the said judgment, setting aside the Tribunal's order on this issue.

Disallowance under Section 14A:
In I.T.A. Nos. 1778 and 1772 of 2009, the common issue raised was the disallowance under section 14A of the Act. The High Court held that reassessment under section 147 for any assessment year prior to 2001-02 is not justified as per the proviso to section 14A, leading to the dismissal of Revenue's appeals on this issue.

Yield to Maturity Method of Valuation:
The judgment addressed the yield to maturity method of valuation in I.T.A. No. 1778 of 2009, citing a previous judgment in favor of the assessee. The appeal on this issue was turned down based on the earlier decision.

Classification of Rural Branches:
In I.T.A. No. 1772 of 2009, the issue of classifying rural branches as per the statutory definition was discussed. The High Court reversed the Tribunal's order on this issue and directed the Assessing Officer to follow a specific judgment for necessary modifications in the assessment.

Proportionate Addition of Expenditure:
The last issue involved the proportionate addition of expenditure attributable to exempted income in the computation of book profit under section 115JA. The High Court highlighted an independent provision in Explanation to section 115JA authorizing such addition, directing the Assessing Officer to modify the assessment without reference to section 14A of the Act. The appeals were disposed of accordingly.