2016 (8) TMI 767 - HC - Income Tax

Computation of book profit u/s. 115J based on separate profit and loss account furnished by the assessee - Interest charged under section 234B - whether computation of income under section 115J was not liable to payment of advance tax? - Held that - Taking into account the fact that the assessee has claimed depreciation in the profit and loss account on the basis of Income-tax Rules and not as per the Companies Act, the contention raised by the assessee, which has been rightly accepted by the Commissioner of Income-tax (Appeals) and confirmed by the Tribunal, is required to be accepted. However, if it is found that the assessee has claimed depreciation in the profit and loss account under the provisions of the Companies Act, the decision which is sought to be relied on by the revenue will apply. In that view of the matter, in view of the decision of the Apex Court in the case of Malayala Manorama Co. Ltd. v. Commissioner of Income-tax (2008 (4) TMI 20 - SUPREME COURT ), we answer question No. 1 in favour of the assessee and against the revenue. So far as question No. 2 is concerned, in view of the decision of the Apex Court in the case of Commissioner of Income-tax v. Kwality Biscuits Ltd. (2006 (4) TMI 121 - SUPREME Court ) no interest under section 234B and 234C would be leviable when income was computed by invoking provisions of section 115J of the Income-tax Act. We, therefore, answer question No. 2 in favour of the assessee and against the revenue.

Summary

Issues:
1. Computation of book profit under section 115J of the Income-tax Act.
2. Liability for payment of advance tax under sections 234B and 234C.

Analysis:

Issue 1: Computation of Book Profit under Section 115J
The appellant-revenue challenged the Tribunal's order dismissing the appeal and confirming the Commissioner of Income-tax (Appeals) decision. The substantial questions of law raised included the correctness of computing book profit under section 115J based on separate profit and loss accounts provided by the assessee. The appellant contended that the issue was pending before a Larger Bench. However, the respondent's counsel argued that the matter was settled by the Apex Court's decision in Malayala Manorama Co. Ltd. v. Commissioner of Income-tax. The court noted that if the assessee claimed depreciation under the Income-tax Rules, as opposed to the Companies Act, the decision favored the assessee. Relying on precedent, the court ruled in favor of the assessee on this issue.

Issue 2: Liability for Payment of Advance Tax under Sections 234B and 234C
The second issue revolved around the liability for interest charged under sections 234B and 234C when income was computed using section 115J. The appellant argued that the interest was applicable, while the respondent cited the decision in Commissioner of Income-tax v. Kwality Biscuits Ltd. to support their position that no interest would be leviable in such cases. The court, in line with the Apex Court's decision, ruled in favor of the assessee on this issue as well.

Conclusion:
The court dismissed both appeals, upholding the decisions in favor of the assessee on both the computation of book profit under section 115J and the liability for payment of advance tax under sections 234B and 234C. The judgments were based on established legal precedents and interpretations of relevant provisions of the Income-tax Act.