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Issues involved: Appeal u/s 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal regarding the computation of deemed income u/s 115JA for the assessment year 1997-98.
Summary: 1. The revenue appealed against the Tribunal's decision to set aside the order of the Commissioner of Income Tax (Appeals) Ludhiana, deleting the addition made by the Assessing Officer in determining the deemed income u/s 115JA of the IT Act, based on the inclusion of expenses from earlier years in the book profit. 2. The company, as the assessee, filed its return of income for the assessment year 1997-98, declaring nil income after claiming business losses and unabsorbed depreciation from earlier years. The Assessing Officer framed the assessment under Section 143(3) of the Act, making certain additions, including adding lease rent for the assessment years 1995-96 and 1996-97 to compute the profit u/s 115JA. The Tribunal later decided in favor of the assessee, leading to the revenue's appeal. 3. The revenue argued that the lease rent expenses claimed by the assessee for the earlier years were inadmissible for calculating deemed income u/s 115JA. They contended that such expenses were not deductible under the Companies Act, and the Assessing Officer had the authority to recast the profit and loss account accordingly. Reference was made to a Kerala High Court judgment regarding the non-deductibility of prior period expenses in computing book profits u/s 115JA. 4. On the contrary, the assessee's counsel relied on a Supreme Court decision to argue against recasting the profit and loss account based on the Companies Act. They supported the Tribunal's decision in favor of the assessee. 5. The High Court found that the Tribunal's decision favoring the assessee based on the Supreme Court judgment was not applicable to the current case, where the lease rent expenses from earlier years were not covered under the Companies Act. 6. The Court emphasized that the Assessing Officer had the authority to verify if the profit in the profit and loss account complied with the Companies Act and adjust it accordingly. Since the claimed deduction was not covered by Section 115JA, the Tribunal's reliance on the Supreme Court judgment was deemed erroneous. 7. Referring to the Kerala High Court case, the Court highlighted the importance of starting with the profit available in the profit and loss account prepared as per the Companies Act, emphasizing the inadmissibility of deductions not covered by Section 115JA. 8. Ultimately, the substantial question of law was answered in favor of the revenue and against the assessee, leading to the allowance of the appeal.
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