2015 (11) TMI 21 - AT - Income Tax

Advance Against Depreciation (AAD) added to Book Profit u/s 115 JB - MAT computation - Held that - The issue is no longer res-integra as it is covered by the decision of Hon ble Supreme Court in the case of NHPC Vs. CIT (2010 (1) TMI 281 - SUPREME COURT)in which it was held as AAD is a timing difference, it is not a reserve, it is not carried through profit and loss account and that it is income received in advance subject to adjustment in future and, therefore, clause(b) of Explanation-I to section 115JB is not applicable. - Decided in favour of assessee. Teatment of catchment area treatment expenses - revenue v/s capital - Held that - CAT expenditure is related to carrying on of the business operations of the assessee. It is an integral part of the profit earning process. Moreover the expenditure has not resulted in the acquisition of any tangible/ intangible asset. The expenditure therefore is revenue in nature. Merely because the expenditure results in enduring benefit is not enough to categorize it is capital in nature. This issue has been settled by the Supreme Court in Empire Jute Co. Ltd. Vs. CIT (1980 (5) TMI 1 - SUPREME Court) - Decided in favour of assessee.

Summary

Issues:
1. Adjustments for working the book profit under section 115JB of the I.T. Act, 1961 by adding the Advance Against Depreciation (AAD) to the book profit.
2. Diminution in assets due to Advance Against Depreciation (AAD) and its addition to book profit under Explanation (1) to section 115JB.
3. Treatment of catchment area expenses as revenue or capital expenditure.

Issue 1 & 2 - Adjustment for Advance Against Depreciation (AAD) to Book Profit:
The appeal concerned the addition of Advance Against Depreciation (AAD) to the book profit under section 115JB of the Income Tax Act, 1961. The Assessing Officer (AO) added AAD to the book profit, citing it as accrued income linked to diminution in asset value. However, the CIT(A) deleted this addition, relying on the Supreme Court's decision in NHPC Vs. CIT. The court held that AAD is "income received in advance" and not subject to Explanation-I to section 115JB. Consequently, the appeal ground related to AAD addition was dismissed.

Issue 3 - Treatment of Catchment Area Expenses:
The third issue revolved around the treatment of catchment area treatment expenses as revenue or capital expenditure. The AO considered these expenses as capital due to the enduring benefit of improving land in the catchment area. However, the CIT(A) disagreed, stating that the expenses were recurring, necessary for water quality improvement, and did not create any tangible or intangible asset. The AR supported the CIT(A)'s decision, emphasizing that the expenditure was essential for business operations and did not result in asset acquisition. Citing the Supreme Court's ruling in Empire Jute Co. Ltd. Vs. CIT, the tribunal upheld the CIT(A)'s decision, concluding that the catchment area expenses were revenue in nature. The appeal on this ground was dismissed.

In conclusion, the tribunal upheld the CIT(A)'s decision on both issues, dismissing the appeal of the Revenue. The judgment provided clarity on the treatment of AAD in book profit calculations and the classification of catchment area expenses as revenue expenditure, emphasizing the commercial sense and profit-earning nature of the expenditures.