2022 (7) TMI 1393 - AT - Income Tax

MAT - Denial of deduction being lower of the two i.e. book loss or unabsorbed depreciation claimed in terms of clause (iii) of Explanation (1) to Section 115JB - HELD THAT - We have examined the evidences/records/ITRs of the assessee in respect of earlier years and observed that the claim of the assessee is correct and to that extent the finding of the CIT(A) cannot be sustained. So far as the issue of allowing lower of book loss or unabsorbed depreciation while computing the book profit under section 115JB, we are of the considered view that the issue is debatable and cannot be subject matter of the proceedings u/s 154. The case of the assessee is squarely covered by several decisions of the Coordinate Benches in the case of (i) Kanchanganga Estates (P) Limited 1997 (10) TMI 396 - ITAT MUMBAI (ii) Maccaferri Environmental Solutions (P) Limited 2018 (12) TMI 1974 - ITAT MUMBAI , Cadila Healthcare Limited 2021 (12) TMI 1244 - ITAT AHMEDABAD , Smt. Vandana Manoj Shah 2016 (3) TMI 1452 - ITAT AHMEDABAD M/s. Madhav Stock Vision 2018 (4) TMI 1947 - ITAT MUMBAI - We, therefore direct AO to allow the claim of the assessee while computing the book profit u/s 115JB of the Act. Appeal of the assessee is allowed.

Summary

Issues:
Challenge to order denying deduction under Section 115JB of the Act based on lower of book loss or unabsorbed depreciation. Validity of rectification proceedings under Section 154 of the Act for debatable issues.

Analysis:
1. The appeal challenged the order of the ld. CIT(Appeals) upholding the denial of deduction of Rs.49,44,871 under Section 115JB of the Act. The ld. CIT(Appeals) confirmed the denial based on the lower of book loss or unabsorbed depreciation as per Explanation (1) to Section 115JB of the Act.

2. The assessee contested the order passed under Section 154 of the Act, arguing that the issue of setting off the lower of book loss or unabsorbed depreciation for computing book profit is debatable and not suitable for rectification proceedings under Section 154 of the Act.

3. The assessment initially allowed the deduction claimed by the assessee, but the Assessing Officer later noted a mistake in the assessment order. The AO contended that the deduction had already been claimed in the previous assessment year, making it unavailable for the current year. The AO issued a notice under Section 154 and subsequently rejected the claim under Section 154 of the Act.

4. In the appellate proceeding, the ld. CIT(Appeals) upheld the AO's decision, citing it as an apparent mistake suitable for rectification under Section 154. The ld. CIT(Appeals) relied on legal precedents like the Saurashtra Stock Exchange Ltd. case and the Khatau Jankar Limited case to dismiss the appeal.

5. The ITAT analyzed the claim of the assessee and found it to be in compliance with Clause (iii) of Explanation 1 to Section 115JB. The ITAT also reviewed the evidence from earlier years, concluding that the claim was valid. The ITAT held that the issue of allowing the lower of book loss or unabsorbed depreciation for computing book profit is debatable and not suitable for Section 154 proceedings. The ITAT referred to various Tribunal decisions to support its decision, overturning the ld. CIT(Appeals) order and directing the AO to allow the claim.

6. Ultimately, the ITAT allowed the appeal of the assessee, setting aside the order of the ld. CIT(Appeals) and directing the AO to permit the deduction of Rs.49,44,871 while computing the book profit under Section 115JB of the Act.