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2017 (8) TMI 451 - HC - Income TaxMAT computation - Provision for bad and doubtful debts - to be treated as provision for liability or not - computation of book profit for the purpose of MAT liability u/s 115JB - Held that - Referring to statutory provisions, the situation that arises is that prior to the introduction of clause(i) to the explanation to section 115JB, as held in case of HCL Comnet Systems and Services Ltd. (2008 (9) TMI 18 - SUPREME COURT) the then existing clause (c) did not cover a case where the assessee made a provision for bad or doubtful debt. With insertion of clause (i) to the explanation with retrospective effect, any amount or amounts set aside for provision for diminution in the value of the asset made by the assessee, would be added back for computation of book profit under section 115JB of the Act. However, if this was not a mere provision made by the assessee by merely debiting the Profit and Loss Account and crediting the provision for bad and doubtful debt, but by simultaneously obliterating such provision from its accounts by reducing the corresponding amount from the loans and advances on the asset side of the balance sheet and consequently, at the end of the year showing the loans and advances on the asset aside of the balance sheet as net of the provision for bad debt, it would amount to a write off and such actual write off would not be hit by clause (i) of the explanation to section 115JB. The judgment in case of Deepak Nitrite Limited (2011 (8) TMI 1209 - GUJARAT HIGH COURT) fell in the former category whereas from the brief discussion available in the judgment it appears that case of Indian Petrochemicals Corporation Ltd. (2016 (9) TMI 110 - GUJARAT HIGH COURT), fell in the later category. There is no conflict between the two judgments and both operate in different fields.
Issues Involved:
1. Validity of reopening the assessment under section 148 of the Income Tax Act. 2. Inclusion of provision for bad and doubtful debts in book profit for MAT liability under section 115JB of the Act. 3. Interpretation of clause (i) to Explanation (1) to section 115JB. 4. Comparison and applicability of judicial precedents including Supreme Court and High Court decisions. Issue-wise Detailed Analysis: 1. Validity of reopening the assessment under section 148 of the Income Tax Act: The judgment does not explicitly address the validity of reopening the assessment under section 148. The primary focus is on the substantive issue of whether the provision for bad and doubtful debts should be included in the book profit for MAT liability. 2. Inclusion of provision for bad and doubtful debts in book profit for MAT liability under section 115JB of the Act: The main point of divergence between the Revenue and the assessee was the provision of ?6.28 crores made by the assessee for bad and doubtful debts. The Assessing Officer added this sum for computing the book profit for MAT liability under section 115JB. The Tribunal, however, observed that the provision for bad and doubtful debts, reduced from the gross debtors and shown as net sundry debtors in the balance sheet, cannot be termed as a provision for liability but is in the nature of diminution in the value of the asset. This view was challenged by the Revenue, leading to the substantial question of law being considered. 3. Interpretation of clause (i) to Explanation (1) to section 115JB: The Supreme Court in HCL Comnet Systems and Services Ltd. held that clause (c) of the explanation to section 115JA applies to provisions for unascertained liabilities and does not cover provisions for bad and doubtful debts, which are amounts receivable by the assessee. To counter this, clause (i) to Explanation (1) to section 115JB was introduced by the Finance Act, 2009, with retrospective effect, stating that provisions for diminution in the value of any asset should be added back to the book profit. The Court in Deepak Nitrite Limited upheld this change, allowing the Revenue to add back the provision for bad debts in computing book profit. 4. Comparison and applicability of judicial precedents including Supreme Court and High Court decisions: The Court compared various judicial decisions: - HCL Comnet Systems and Services Ltd.: Held that provisions for bad and doubtful debts are not provisions for liabilities and thus not covered under clause (c) of the explanation to section 115JA. - Deepak Nitrite Limited: Held that the amendment introducing clause (i) to Explanation (1) to section 115JB allows adding back provisions for diminution in the value of assets to the book profit. - Indian Petrochemicals Corporation Ltd.: Relied on Karnataka High Court decisions in Yokogawa India Ltd. and Kirloskar Systems Ltd., holding that provisions for bad and doubtful debts cannot be added back if they are shown as net of the provision in the balance sheet, constituting an actual write-off rather than a mere provision. Conclusion: The Court concluded that there is no conflict between the judgments in Deepak Nitrite Limited and Indian Petrochemicals Corporation Ltd., as they operate in different fields. The former dealt with the situation where the provision was merely debited to the Profit and Loss Account, while the latter dealt with cases where the provision was simultaneously obliterated from the accounts, showing the net amount in the balance sheet. The reference was answered accordingly, and the Tax Appeal was directed to be placed before a regular Division Bench.
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