2008 (1) TMI 27 - HC - Income Tax

Book Profit u/s 115J - In case of nil business loss and only unabsorbed depreciation, the view favouring the assessee had to be preferred and brought forward unabsorbed depreciation against the current income shall be allowed

Summary

Issues:
Interpretation of Section 115-J of the Income-tax Act, 1961 regarding the treatment of brought forward unabsorbed depreciation in working out book profits.

Analysis:
1. The High Court was tasked with providing an opinion on whether the Income Tax Appellate Tribunal correctly upheld the order of the Commissioner of Income Tax (CIT) under Section 263 of the Income-tax Act. The CIT had directed the Assessing Officer (AO) to determine the book profit at a specific amount for the purpose of Section 115-J, which involved the treatment of brought forward unabsorbed depreciation. The CIT's decision was based on the observation that as there was no business loss or the loss was less than the brought forward unabsorbed depreciation, the brought forward depreciation should not be considered in calculating the book profits. The High Court examined the relevant provisions of the Income Tax Act and the Companies Act to assess the correctness of the CIT's order.

2. The assessee had initially worked out book profits for the assessment year 1988-89 at a certain amount. However, the CIT found discrepancies in the assessment record and determined that the brought forward unabsorbed depreciation should be deducted from the book profits as per Section 115-J. The CIT's decision was based on the fact that the assessee had only unabsorbed depreciation with no brought forward loss. The CIT referred to relevant circulars and analyzed the assessee's financial data to conclude that the brought forward depreciation should not be considered in calculating the book profits. The CIT also highlighted the distinction made by the Companies Act between actual loss and loss after depreciation, supporting the decision to cancel the initial assessment order.

3. The assessee appealed the CIT's order before the Income Tax Appellate Tribunal, referencing a previous decision by the Tribunal in a similar case for the assessment year 1989-90. The Tribunal had considered the issue of net losses due to unabsorbed depreciation and directed the AO to compute profits accordingly. The assessee argued for consistency in the Tribunal's decisions and cited relevant judgments in support of their case. However, the Tribunal upheld the CIT's order, citing a decision of the Andhra Pradesh High Court and rejecting the assessee's contentions.

4. Subsequently, the assessee sought reference of questions of law to the High Court, challenging the Tribunal's decision. The Tribunal modified the questions and referred them to the High Court for opinion. During the hearing, the counsel for the assessee relied on a Supreme Court decision and a previous judgment of the High Court in a similar case for the assessment year 1989-90, both favoring the assessee's position. The High Court, considering the legal precedents and factual positions, ruled in favor of the assessee and against the revenue, concluding that the questions of law were answered in favor of the assessee based on existing legal decisions.

In conclusion, the High Court's judgment clarified the interpretation of Section 115-J regarding the treatment of brought forward unabsorbed depreciation in calculating book profits, emphasizing the application of relevant legal provisions and precedents to determine the correctness of the CIT's order and the Tribunal's decision.