2019 (3) TMI 1903 - HC - Income Tax

MAT computation u/s 115JB - Whether tribunal erred in failing to appreciate that in view of the reduction of the amounts against diminution in value of investments and non-performing loans and advances and other contingencies from the respective heads in the asset side of the Balance Sheet of the Petitioner and non-showing of them as provision in the audited accounts such items and amounts should be treated as write off and not provision and hence not covered by Clause (i) of Explanation I of Section 115JB(2)? - HELD THAT - We are of the opinion that although the decision of the Gujarat High Court in VODAFONE ESSAR GUJARAT LTD. 2017 (8) TMI 451 - GUJARAT HIGH COURT came a few days after the order of the Tribunal the Tribunal while rehearing the appeal should assume as if the said judgment was pronounced earlier rehear the appeal on remand on the issue only considering the said decision and all other relevant judgments on this subject and proceed to determine the same within a period of six months from the date of communication of this order.

Summary

Issues:
1. Request for reconsideration of the impugned decision by the Tribunal for the assessment year 2003-04.
2. Interpretation of provisions related to diminution in value of investments and non-performing loans in the Balance Sheet for income tax purposes.

Analysis:

Issue 1: The appellant requested the Tribunal to reconsider its decision for the assessment year 2003-04 based on a subsequent judgment of a Division Bench of the Gujarat High Court. The Court acknowledged the merit in the appellant's contention and highlighted a crucial question to be framed for the appeal under Section 260A of the Income Tax Act, 1961. The question pertained to whether the Tribunal erred in failing to appreciate the treatment of certain items in the Balance Sheet as write off instead of provision, impacting the applicability of Clause (i) of Explanation I of Section 115JB(2) of the Income Tax Act.

Issue 2: The Court considered the judgment of the Gujarat High Court, which was delivered after the Tribunal's order, and directed the Tribunal to rehear the appeal assuming the said judgment was pronounced earlier. The Tribunal was instructed to reconsider the issue in light of the Gujarat High Court's decision and other relevant judgments within a specified timeframe of six months from the date of the Court's order. Consequently, the appeal (ITAT 336 of 2017) and the application (GA 3313 of 2017) were disposed of, emphasizing the need for a fresh consideration based on the updated legal position established by the Gujarat High Court's ruling.

This comprehensive analysis of the judgment showcases the Court's approach towards addressing the appellant's request for reconsideration in light of a subsequent relevant judgment, ensuring a fair and informed decision-making process in line with the legal provisions and precedents.