2016 (2) TMI 519 - HC - Income Tax

Re-computation of the book profit for the purpose of Minimum Alternate Tax (MAT) under Section 115JB - increasing the book profit by making an addition of depreciation in the profit and loss account - Held that - Relegating the petitioner to avail alternative remedy under the Act, we are not inclined to entertain this petition in writ jurisdiction under Article 226 of the Constitution of India. Consequently, the petition stands dismissed

Summary

Issues:
Challenge to re-computation of book profit for Minimum Alternate Tax (MAT) under Section 115JB of the Income Tax Act, 1961.

Analysis:
1. The petitioner sought to quash the orders re-computing the book profit for MAT by increasing it through the addition of depreciation amount. The petitioner, a resident company engaged in various activities including oil exploration, filed a revised return declaring income and adjusted book profit. The Assessing Officer referred the matter to the Transfer Pricing Officer for determining Arm's length Price (ALP) under Section 92CA(3) of the Act. The TPO proposed adjustments, and the Assessing Officer made additional adjustments to the total income and book profits. The petitioner challenged the increase in book profit under MAT, leading to objections before the Dispute Resolution Panel, which upheld the computation, resulting in the writ petition.

2. The Court noted the hierarchy of authorities and the procedure under Section 144C of the Act for assessment orders. It emphasized the availability of appeal as a remedy against assessment orders. Citing precedents, the Court highlighted the principle that when a statute provides a special remedy, it must be availed of, and orders can only be challenged through the prescribed mode. The Court found that the impugned orders were appealable, and the petitioner should have pursued the alternative remedy of appeal against the orders passed by the authorities.

3. Referring to legal precedents, the Court reiterated that Article 226 should not be used to bypass statutory procedures, especially in revenue matters where statutory remedies are available. The Court emphasized the need for good and sufficient reasons to bypass statutory remedies, discouraging the practice of filing petitions solely for interim orders. The Court also cited a case where a writ petition was not entertained due to the availability of an alternative statutory remedy, highlighting the importance of adhering to statutory procedures in challenging assessment orders.

4. Despite arguments citing judgments on the maintainability of writ petitions despite alternative remedies, the Court upheld the dismissal of the petition due to the availability of an efficacious alternative remedy under the Act. The Court declined to express an opinion on the merits of the case, as it refrained from entertaining the writ petition based on the existence of an alternative remedy. Ultimately, the Court dismissed the petition under Article 226 of the Constitution of India, emphasizing that observations made should not be construed as an opinion on the controversy's merits.