2011 (3) TMI 267 - HC - Income Tax

Adjustment to book profit - Set off - Unabsorbed depreciation and loss - Rectification of mistake u/s 154 - Held that - The assessee had claimed the set off Rs. 1,39,36,000 in terms of Explanation (iii) (of the second proviso to section 115JA(2) of the Act) as against the brought forward loss as per the books at Rs. 15,01,82,000. Thus, the matter related to the interpretation of the effect which is to be given to the aforesaid provision and, therefore, it was not a mistake which was to be corrected for which jurisdiction under section 154 of the Act could be exercised - Decided in favor of assessee.

Summary

Issues:
Identical issues in appeals related to assessment years 2000-01 and 2001-02.

Analysis:
1. The primary issue in the case was the correction of a mistake apparent on the face of the record under section 154 of the Income-tax Act, 1961. The Assessing Officer had issued a notice under section 154/143(1) to rectify the unabsorbed depreciation amount in the assessment years 2000-01 and 2001-02. The assessee contended that the figures taken by the Assessing Officer were incorrect and challenged the order before the Commissioner of Income-tax (Appeals), who dismissed the appeal.

2. The second appeal was filed before the Income-tax Appellate Tribunal, which held that the rectification made by the Assessing Officer was beyond the scope of section 154 of the Act. The Tribunal concluded that the Assessing Officer did not have the power to make adjustments under section 154, thus siding with the assessee's argument.

3. The respondent-assessee's counsel argued that the adjustment made by the Assessing Officer was based on the correct interpretation of the provisions of the Act. The counsel highlighted the circumstances under which the unabsorbed depreciation amount was set off against profits in the assessment year 2000-01, emphasizing that the rectification was not permissible and amounted to disturbing the assessment of the previous year.

4. The Assessing Officer's contention was supported by the submitted computation from the assessment year 1999-2000, showing a lower unabsorbed depreciation amount. However, the Tribunal found that the Assessing Officer's correction was not justified, as the unabsorbed depreciation amount had been correctly set off in the previous assessment years, as per the provisions of the Act.

5. The Court analyzed the computations for the assessment years 1999-2000, 2000-01, and 2001-02, emphasizing that the unabsorbed depreciation amount of Rs. 1,39,36,000 was correctly set off against profits in the assessment year 2000-01. The Court held that the matter involved interpretation of the Act's provisions and was not a clear error to be rectified under section 154, citing relevant case laws.

6. The Court ultimately dismissed the appeals, stating that no question of law arose from the case. The judgment highlighted that the correction sought by the Assessing Officer was a matter of interpretation and not a mistake apparent on the face of the record, in line with established legal precedents.

This detailed analysis of the judgment showcases the legal intricacies involved in the case, focusing on the correction of unabsorbed depreciation amounts and the interpretation of relevant provisions of the Income-tax Act, 1961.