2021 (2) TMI 665 - AT - Income Tax

MAT Computation u/s 115JB - denying the adjustment in book profit by not giving deduction towards unabsorbed depreciation on the ground that the same has already been adjusted in the preceding years - HELD THAT - We find that provisions of Sections 32(2) and 72 of the Act explicitly provide that the amount would be carried forward for set off in the succeeding years and it should be arrived at after deducting the amounts to which effect has already been given. We find that such provisions are apparently not present in computing the book profits u/s.115JB. We also find that most crucial expression used in the said Clause (iii) of Explanation 1 to Section 115JB of the Act would be as per books of accounts . Hence, unless the entire loss as per books of accounts gets wiped out by profits earned in subsequent years, the said loss would continue to remain in the balance sheet of the assessee i.e. books of accounts and would be eligible for reduction in accordance with Clause (iii) of Explanation 1 to Section 115JB of the Act, while computing book profits u/s.115JB of the Act. We find that this issue is no longer res-integra in view of the decision of DCIT vs. Binani Industries 2016 (3) TMI 873 - ITAT KOLKATA Thus we direct the ld. AO to grant reduction of unabsorbed depreciation and re-compute the book profits u/s.115JB of the Act thereon. Grant of short credit of TDS - HELD THAT - We direct the ld. AO to verify the TDS certificates or any other supporting evidences thereon and accordingly, grant the TDS credit eligible to the assessee in accordance with law.

Summary

Issues:
1. Whether adjustment in book profit towards unabsorbed depreciation should be denied due to previous adjustments.
2. Whether the assessee is entitled to reduction of unabsorbed depreciation or business loss from the computation of book profits under section 115JB of the Income Tax Act.

Analysis:

Issue 1:
The first issue revolves around the denial of adjustment in book profit by the Assessing Officer (AO) towards unabsorbed depreciation. The AO disallowed the deduction on the grounds that it had already been adjusted in preceding years. The Commissioner of Income Tax (Appeals) upheld this decision. The Tribunal noted that the AO's concern was to prevent multiple tax reliefs on the same amount. However, the Tribunal observed that the provisions of Sections 32(2) and 72 of the Act explicitly allow for carrying forward amounts for set-off in succeeding years. The Tribunal concluded that the unabsorbed depreciation amount should be eligible for reduction from net profit while computing book profit under section 115JB of the Act. The Tribunal referenced a previous decision to support this interpretation.

Issue 2:
The second issue pertains to the entitlement of the assessee to reduce unabsorbed depreciation or business loss from the computation of book profits under section 115JB of the Act. The AO initially held that there was no loss available for reduction, thus not considering the reduction claimed by the assessee. However, the Commissioner of Income Tax (Appeals) granted the reduction based on case laws. The Tribunal agreed with the assessee's argument that losses, once reduced from book profits in earlier years, remain in the books until offset by profits. Therefore, the Tribunal held that the assessee is entitled to the reduction of the least of cash loss or depreciation loss from book profits for computation under section 115JB of the Act. The Tribunal dismissed the revenue's appeal and directed the AO to grant the reduction of unabsorbed depreciation, as claimed by the assessee.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, directing the AO to recompute the book profits by granting the reduction of unabsorbed depreciation. Additionally, the Tribunal instructed the AO to verify TDS credits and grant them to the assessee accordingly.