2016 (8) TMI 743 - HC - Income Tax

Rectification of mistake - Computation of book profit u/s.115JB - exclusion of capital receipts - Held that - Looked from the limited angle of powers of rectification, we do not find that the Tribunal has committed any error. Whether the Commissioner of Income Tax (Appeals) s directions would cover the normal as well as MAT computation of income, was a debatable issue. The Assessing Officer thus having passed an order taking one view, the same was not open to rectification.

Summary

Issues:
Appeal against judgment of Income Tax Appellate Tribunal regarding the exclusion of capital receipts from computation of total income and book profit under section 115JB.

Analysis:
1. The appellant challenged the Tribunal's decision regarding the exclusion of capital receipts from the computation of total income and book profit under section 115JB. The issue arose when the Assessing Officer did not consider the sales tax and related subsidies received by the assessee under the Kutch area exemption scheme as capital receipts initially offered to tax. The Appellate Commissioner allowed the appeal, stating that such receipts were in the nature of capital receipts and not taxable.

2. The Commissioner of Income Tax (Appeals) held that the sales tax incentives received were capital receipts and not chargeable to tax. However, the Assessing Officer, while reworking the loss as per normal provisions, did not exclude the subsidies from the computation of book profits under section 115JB. The appellant filed an application for rectification to exclude the value of subsidies from the book profit calculation, which was rejected by the Assessing Officer.

3. The Tribunal upheld the Assessing Officer's decision, stating that the jurisdiction of the AO is limited to issues modified or reversed by the First Appellate Authority. The Tribunal emphasized that the AO cannot go beyond the decree of the CIT(A) while giving effect to the order. The Tribunal concluded that the appellant cannot claim readjustment of book profit without pointing out apparent errors in the original assessment orders.

4. The High Court dismissed the tax appeals, stating that the Tribunal did not commit any error in limiting the powers of rectification. The Court noted that whether the CIT(A)'s directions cover both normal and MAT computation of income was a debatable issue. Since the Assessing Officer had already taken a view on the matter, rectification was not permissible.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing the limited scope of rectification powers and the need for specific challenges to the computation under Section 115JB before seeking adjustments in book profits.