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2009 (11) TMI 76 - AT - Income TaxDeduction u/s 43B r/w s. 36(1)(va) - payments of the employee's contribution to the PF and to the State insurance corporation if the same is paid within the grace period of five years - CIT(A) followed the decisions of the Tribunal to hold that payments made within the grace period are not hit by the provisions of s. 43B. - HELD THAT - As DR was not able to place any contrary decision on record. We therefore, hold that the order passed by the learned CIT(A) does not call for interference. MAT computation - Interest chargeable to tax u/s 234B on the MAT determined u/s 115JB - CIT(A) opinion that interest is not chargeable on deemed income and tax thereon as relying on Kwality Biscuits Ltd. 2006 (4) TMI 121 - SC ORDER - HELD THAT - As DR has not pointed out any contrary decision on this aspect. we uphold the order of the learned CIT(A) and reject ground of the Revenue. Method of computation of deduction u/s 80HHC - determination of book profit u/s.115JB - As per CIT(A) deduction under s. 80HHC has to be computed after taking 'book profit' as total income of the assessee - HELD THAT - View taken by the learned CIT(A) is in conformity with the decision of Syncome Formulations (I) Ltd. 2007 (3) TMI 288 - ITAT BOMBAY-H held that deduction under s. 80HHC deserves to be computed by taking into consideration 'book profit'. Appeal filed by the Revenue is dismissed.
Issues:
1. Exclusion of claim under s. 80HHC of IT Act for working out book profit under s. 115JB. 2. Allowance of deduction under s. 43B r/w s. 36(1)(va) of IT Act for employee contributions within grace period. 3. Deletion of interest charged under s. 234B of IT Act on MAT determined under s. 115JB. Issue 1 - Exclusion of claim under s. 80HHC for book profit under s. 115JB: The appeal by the Revenue challenged the direction to exclude the assessee's claim under s. 80HHC of the IT Act for working out the book profit under s. 115JB. The AO determined book profit under s. 115JB as there was no taxable income under normal provisions. The assessee contended that deduction under s. 80HHC should be allowed while computing book profit. The CIT(A) accepted the claim based on precedents. The Revenue argued that s. 115JB provisions differ from s. 115J/115JA, restricting deduction under s. 80HHC to profits computed under normal provisions, not book profit. The assessee relied on Tribunal decisions and the High Court ruling in favor of considering book profit for s. 80HHC deduction. The Tribunal upheld the CIT(A)'s decision, citing conformity with the Special Bench decision, rejecting the Revenue's appeal. Issue 2 - Allowance of deduction under s. 43B r/w s. 36(1)(va) for employee contributions within grace period: The Revenue contended that even if contributions to PF and State insurance within the grace period of 5 days, they should fall under s. 43B r/w s. 36(1)(va). The CIT(A) ruled in favor of the assessee, citing Tribunal decisions that payments within the grace period are not covered by s. 43B. The Departmental Representative failed to provide contrary decisions, leading the Tribunal to uphold the CIT(A)'s decision, dismissing the Revenue's challenge. Issue 3 - Deletion of interest charged under s. 234B on MAT under s. 115JB: The Revenue argued for charging interest under s. 234B on MAT determined under s. 115JB. The CIT(A) disagreed, citing a High Court decision and a Bombay High Court case indicating no leviable interest under s. 115JA computation. The Tribunal, following the jurisdictional High Court judgment, upheld the CIT(A)'s decision, rejecting the Revenue's contention as no contrary decisions were presented. In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decisions on all three issues raised in the case.
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