2018 (4) TMI 1133 - HC - Income Tax

MAT - Adjustments to Book Profit - Provisions created for sub standard, doubtful and for loss of assets claimed as a deduction - allowability in the computation of book profits in terms of Section 115JA - Held that - An assessee s case would fall within the ambit of Clause (c) of Section 115JA(1) only if the amount is set aside as provision; the provision is made for meeting a liability; and the provision should be for other than ascertained liabilities, that is, it should be for an unascertained liability. The aforementioned decision squarely covers the case on hand and the decision relied on by the ITAT in the case of Deputy Commissioner of Income Tax vs. Beardsell Ltd. (2000 (3) TMI 37 - MADRAS High Court), pertains to a case not arising in respect of a banking company. Decisions of the Hon ble Supreme Court in State Bank of Patiala (1996 (3) TMI 128 - SUPREME Court) and HCL Comnet Systems & Services Ltd., (2008 (9) TMI 18 - SUPREME COURT) are clear answers to both the substantial questions of law, which have been framed for consideration. - Decided in favour of the assessee.

Summary

Issues:
- Interpretation of provisions for substandard, doubtful, and loss of assets in the computation of book profits under Section 115JA of the Income Tax Act.
- Disallowances made by the respondent in the computation of book profits.
- Application of provisions for bad and doubtful debts in the balance sheet as reserves.
- Applicability of Clause (c) of Section 115JA(1) of the Income Tax Act to provisions made for meeting liabilities.
- Effect of Clause (g) in Section 115JA(2) and its retrospective application.

Analysis:

1. The tax case appeal involved the interpretation of provisions under Section 115JA of the Income Tax Act regarding the treatment of substandard, doubtful, and loss of assets in the computation of book profits. The appellant challenged the order of the Income Tax Appellate Tribunal, questioning the correctness of disallowances made by the respondent. The substantial questions of law focused on the allowability of such provisions in computing book profits.

2. The High Court referred to previous judgments of the Supreme Court in similar cases, emphasizing the distinction between provisions and reserves in the balance sheet. The court highlighted that for provisions to qualify as reserves under the Act, they must be set apart to meet liabilities that the assessee can reasonably anticipate. The court clarified that mere anticipation of bad and doubtful debts, especially for a banking company, does not automatically qualify as reserves.

3. In a subsequent decision by the Supreme Court, the court elaborated on the provisions for bad and doubtful debts under Clause (c) of Section 115JA(1) of the Act. The court emphasized that such provisions should be for unascertained liabilities and not for debts receivable by the assessee. It clarified that provisions for irrecoverability of debts do not constitute provisions for liabilities, as no liability can be imposed on the assessee for non-recoverable debts.

4. The High Court concluded that the decisions of the Supreme Court in relevant cases provided clear answers to the substantial questions of law raised in the appeal. It was held that the appellant's case fell outside the scope of Clause (c) of Section 115JA(1) and that the provisions for bad and doubtful debts were not to be added back to the net profit for computing book profits.

5. Additionally, the court addressed the applicability of Clause (g) in Section 115JA(2) and its retrospective effect. The court noted that the matter required remand to the assessing officer for fresh consideration regarding the impact of the proviso and the parameters to be fulfilled under Clause (g). The appellant's appeal was allowed, and the substantial questions of law were answered in favor of the assessee.

6. In summary, the judgment clarified the interpretation of provisions related to bad and doubtful debts in the computation of book profits under the Income Tax Act. It emphasized the distinction between provisions and reserves, as well as the specific conditions under which provisions for meeting liabilities could be considered for computing book profits. The court's decision provided clarity on the applicability of relevant clauses and the need for further assessment based on retrospective amendments to the Act.