2019 (1) TMI 155 - HC - Income Tax

MAT computation - amount withdrawn from the revaluation reserve account for adjusting the depreciation should be allowed as deduction while computing the book profits - Held that - The first appellate authority and the Tribunal found that there is no ground to decline such exemption to the assessee, merely for the fact that the same was not shown in the profit. The deduction which is permissible under the Act could not have been disallowed. We affirm the concurrent findings of the first appellate authority and the Tribunal on Question No.3 and it stands answered in favour of the assessee and against the Revenue.

Summary

Issues:
1. Whether the business in the purchase and sale of units and the business in the manufacture and sale of tyres constitute one and the same business?
2. Calculation of deduction under section 80HHC based on book profits or normal profits.
3. Allowance of an amount withdrawn from the revaluation reserve account for adjusting depreciation while computing book profits.
4. Treatment of dividend income in computing profits of eligible business under section 32AB of the Income Tax Act.
5. Consideration of income from Unit Trust of India and whether two activities of the assessee form part of the same business.

Analysis:

Issue 1:
The Tribunal held that the business in the purchase and sale of units and the business in the manufacture and sale of tyres constitute one and the same business. This decision aligns with previous court rulings in favor of the assessee.

Issue 2:
The Tribunal determined that the deduction under section 80HHC should be calculated based on book profits, contrary to the Revenue's argument that it should be based on normal profits. This interpretation is supported by a Supreme Court decision in a similar case.

Issue 3:
Regarding the amount withdrawn from the revaluation reserve account for adjusting depreciation, the Tribunal found that the deduction should be allowed while computing book profits, even if not shown in the profit and loss account. This decision was affirmed, stating that the permissible deduction under the Act cannot be disallowed.

Issue 4:
The Tribunal considered the treatment of dividend income in computing profits of eligible business under section 32AB. The Tribunal decided in favor of the assessee, stating that the dividend income should be excluded in computing the profits of eligible business under the Income Tax Act.

Issue 5:
In analyzing the income from Unit Trust of India and whether two activities of the assessee form part of the same business, the Tribunal held that the income from Unit Trust of India should be considered along with other income in computing eligible profits. It was also determined that the two activities of the assessee constitute the same business, and therefore, certain provisions are not applicable.

In conclusion, the questions of law referred were answered in favor of the assessee based on the Tribunal's decisions and previous court rulings.