2023 (2) TMI 1110 - AT - Income Tax

Set off of Credit of MAT u/s 115JB - HELD THAT - According to Section 115JB of the Act income tax payable is to be compared with the specified percentage of Book Profits computed u/s 115JB. In the case before us the AO as compared the assessed income with the Book Profits and thereby, arrived at the incorrect conclusion that income tax is payable under MAT provisions contained in Section 115JB. We hold that in the facts and circumstances of the present case the income tax for the AY 2018-19 would be payable under normal provisions and therefore, the Appellant would be entitled to claim set-off of the MAT credit as per the provisions of Section 115JAA - Accordingly, we direct the AO to verify the records and re-compute the tax liability of the Appellant after granting the set off of MAT credit as available to the Appellant in terms of Section 115JB of the Act while passing order giving effect to the decision in the present appeal.

Summary

Issues:
1. Disallowance of MAT credit under Section 115JAA
2. Disallowance of PF and ESIC payments under Section 36(1)(va) and Section 43B

Analysis:

Issue 1: Disallowance of MAT credit under Section 115JAA
The Appellant challenged the order passed by the Ld. Commissioner of Income Tax (Appeals) for the Assessment Year 2018-19 regarding the disallowance of MAT credit. The Appellant argued that the tax under normal provisions was higher than the MAT tax, entitling them to claim the set-off of MAT credit under Section 115JAA of the Income Tax Act, 1961. The Assessing Officer had disallowed the MAT credit without issuing a show-cause notice, violating principles of natural justice. The Appellant contended that the tax under normal provisions exceeded the MAT tax, making them eligible for the set-off. The Appellate Tribunal found that the Assessing Officer's conclusion that tax under MAT provisions was higher was incorrect. The Tribunal directed the Assessing Officer to recompute the tax liability after allowing the set-off of MAT credit, as per Section 115JAA, thereby allowing Ground No. (I)(1) to (5).

Issue 2: Disallowance of PF and ESIC payments under Section 36(1)(va) and Section 43B
The Appellant contested the disallowance of PF and ESI contributions under clarificatory amendments made in the Finance Act 2021. The Appellant cited a judgment of the Bombay High Court to support their claim that contributions made before the due date should be allowed as deductions under Section 43B of the Act. However, the Appellant chose not to press this issue during the appeal. Consequently, Ground No. (II)(1) to (3) related to the disallowance of PF and ESIC payments were dismissed as not pressed.

In conclusion, the Appellate Tribunal partially allowed the appeal by the Assessee, directing the re-computation of tax liability after permitting the set-off of MAT credit. The Tribunal dismissed the grounds related to the disallowance of PF and ESIC payments as the Appellant chose not to press them during the proceedings.