2010 (10) TMI 110 - HC - Income Tax

MAT - loan - interest liability was reflected in its Accounts - Assessing Officer purported to add the same to the book-profit of the assessee - powers under Section 115JA of the Income Tax Act - Held that - Assessing Officer has no authority to add anything to book-profit in the event Accounts have been maintained in accordance with the provisions of Parts-II and III of the Schedule VI to the Companies Act, 1956, except those mentioned in said Section - the right to touch book-profit by the Assessing Officer in relation to Section 115J is identical to 3 such right in relation to Section 115JA and the same is governed by the law declared by the Hon ble Supreme Court in the case of Apollo Tyres Ltd. Vs. Commissioner of Income Tax, Kochi 2002 (5) TMI 5 - SUPREME Court - Appeal is dismissed

Summary

Issues:
1. Whether the Assessing Officer can touch book-profit under Section 115JA of the Income Tax Act, 1961?
2. Whether the method of accounting followed by the assessee deviated from the prescribed standards?

Analysis:
1. The case involved an assessee, a limited liability company, who had taken a loan from Uttar Pradesh Financial Corporation and accrued liability for unpaid interest. The Financial Corporation later waived a portion of this interest liability. The Assessing Officer added the waived amount to the book-profit of the assessee under Section 115JA. The Appellate Authority upheld this decision, citing a deviation from the method of accounting. However, the Tribunal disagreed, stating that if the Accounts are maintained in accordance with the provisions of Parts-II and III of Schedule VI of the Companies Act, 1956, the Assessing Officer cannot add anything to the book-profit except what is required under Section 115JA. The Tribunal clarified that Sections 115J and 115JA are similar, and the right to adjust book-profit is governed by the law laid down by the Supreme Court in the Apollo Tyres Ltd. case. The High Court affirmed the Tribunal's decision, emphasizing the consistency in the treatment of book-profit under both Sections 115J and 115JA.

2. The key contention was whether the assessee deviated from the method of accounting. The Tribunal noted that the liability for unpaid interest was reflected in the Accounts each year, but the profits were not reduced by this accrued liability. The assessee did not credit the waived amount to the profit and loss account but adjusted it in the balance sheet by reducing the liability. Citing the provisions of Schedule VI of the Companies Act, the Tribunal concluded that there was no deviation from the method of accounting. The High Court concurred with this interpretation, emphasizing that as long as the Accounts are maintained as per the Companies Act, the Assessing Officer cannot make additions to the book-profit beyond what is specified in Section 115JA.