2011 (3) TMI 1450 - HC - Income Tax

MAT - Rectification of mistake - Deduction of prior period items from book profit - section 115JA - Assessing Officer noticed that the profit and loss account prepared by the assessee under Parts II and III of Schedule VI to the Companies Act disclosed a profit of Rs. 1,01,37,664, wherefrom the assessee had made a deduction of Rs. 23,29,726 towards prior period expenses which is impermissible under the statute and this mistake was rectified in proceedings initiated under section 154 of the Act by disallowing deduction claimed by the assessee from the profit available under the profit and loss account - Held that - Assessing Officer has to start assessment by adopting the profit available in the profit and loss account prepared in terms of Parts II and III of Schedule VI to the Companies Act. - If the assessee has made a claim of deduction from this profit not enumerated in clauses (i) to (ix) covered by the Explanation to section 115JA, the assessment so completed based on the profit taken from the profit and loss appropriation account submitted by the assessee happens to be an apparent mistake which could be rectified in proceedings to be initiated under section 154, appeal dismissed

Summary

Issues:
- Rectification of assessment order under section 154 of the Income-tax Act, 1961
- Allowance of deduction for prior period expenses in MAT assessment under section 115JA
- Interpretation of statutory provisions for MAT assessment

Analysis:

Issue 1: Rectification of assessment order under section 154 of the Income-tax Act, 1961
The appeal was against the Tribunal's order rectifying and reversing an order in favor of the appellant-assessee under section 154 of the Income-tax Act, 1961. The Assessing Officer rectified the assessment by disallowing the deduction claimed by the assessee from the profit available under the profit and loss account. The Commissioner of Income-tax (Appeals) and the Tribunal upheld the rectification order, leading to the appeal by the assessee challenging the Tribunal's order passed under section 154.

Issue 2: Allowance of deduction for prior period expenses in MAT assessment under section 115JA
The main contention revolved around whether the assessee is entitled to deduction for prior period expenses in the Minimum Alternate Tax (MAT) assessment under section 115JA. The assessee claimed deduction for ex gratia payments made to employees under the profit and loss appropriation account, which was not permissible under the statutory provisions. The Tribunal found that the assessee had returned the book profit based on the profit available under the profit and loss appropriation account, which was against section 115JA of the Act.

Issue 3: Interpretation of statutory provisions for MAT assessment
The Court analyzed the statutory provisions under section 115JA, emphasizing that the Assessing Officer should start with the profit available in the profit and loss account prepared under the Companies Act. The Court highlighted that the deduction claimed by the assessee was not permissible under the clauses of the Explanation to section 115JA. The Tribunal correctly rectified the assessment under section 154, as the deduction claimed by the assessee was not allowable under the Act. The Court dismissed the appeal, upholding the rectification order and emphasizing the importance of adhering to the statutory provisions for MAT assessment.

In conclusion, the Court's judgment focused on upholding the statutory provisions for MAT assessment, ensuring that deductions claimed by the assessee were permissible under the Explanation to section 115JA. The Tribunal's rectification of the assessment order under section 154 was deemed appropriate, and the appeal challenging the rectification order was dismissed.