2011 (5) TMI 645 - HC - Income Tax

MAT - adjustment to book profits - provision of diminution in value of investment - Held that - Finance (No.2) Act, 2009, inserted clause (i) of Explanation 1 in section 115JB(2), having retrospective effect from April 1, 2001 whereby any amount or amounts set aside as provision for diminution in the value of any asset shall not reduce the book profits of an assessee. The assessment years involved in the instant appeals are subsequent thereto, accordingly, it is held that the adjustment claimed by the assessee as provision for diminution in value of investment was not tenable and the same would be added in the profit which thereby would enhance the book profit u/s 115JB - Decided against the assessee.

Summary

Issues:
Interpretation of Explanation 1 to section 115JB(2) of the Income-tax Act, 1961.

Analysis:
The judgment revolves around the interpretation of Explanation 1 to section 115JB(2) of the Income-tax Act, 1961. The case involved three appeals with identical issues. The primary question was whether the provision for diminution in value of investment falls within the purview of clause (c) of Explanation 1 to section 115JB(2) of the Act. The Revenue contended that the provision made by the assessee for diminution in value of investment should be included in the book profit under section 115JB. The Commissioner of Income-tax (Appeals) and the Tribunal had ruled in favor of the assessee, holding that such provision does not fall under the said clause. The Tribunal upheld the decision of the CIT(A) in deleting the adjustment made by the Assessing Officer. The Revenue appealed to the High Court challenging this decision.

The Revenue argued that a retrospective amendment by the Finance (No. 2) Act, 2009, inserted clause (i) in Explanation 1 to section 115JB(2), which stated that any provision for diminution in the value of an asset shall not reduce the book profits of an assessee. Therefore, post the retrospective amendment, the provision made by the assessee for diminution in value of investment should increase the book profits. The assessee, on the other hand, did not dispute the impact of the retrospective amendment on their claim.

The High Court considered the retrospective amendment introduced by the Finance Act and noted that the amendment was effective from April 1, 2001, covering the assessment years in question. Consequently, the Court held that the adjustment claimed by the assessee for provision of diminution in value of investment was not valid. The Court ruled that the amount should be added to the profit, thereby enhancing the book profit under section 115JB of the Act. As a result, the appeals were allowed in favor of the Revenue.

In conclusion, the judgment clarified the applicability of the retrospective amendment to the provision for diminution in value of investment under section 115JB(2) of the Income-tax Act, 1961. The decision emphasized that post the retrospective amendment, such provisions should be included in the book profit, aligning with the newly inserted clause (i) of Explanation 1.