2018 (10) TMI 368 - HC - Income Tax

Allowing deduction u/s 80HHC on the basis of book profits u/s 115JA even though the eligible profits u/s 80HHC was Nil as per normal computation - Held that - A Division Bench of this Court in the case of Commissioner of Income Tax, Chennai Vs. M/s.Three Bags India P.Ltd. 2016 (10) TMI 400 - MADRAS HIGH COURT after taking note of the decision in Ajanta Pharma Ltd. 2010 (9) TMI 8 - SUPREME COURT decided the above question in favour of the assessee and against the Revenue. Set-off of MAT credit - set off from the tax payable before setting off the Tax Deducted at Source and Advance Tax paid - Held that - Above referred to substantial questions of law have been answered against the Revenue by the Hon ble Supreme Court in the case of CIT V. Tulsyan NEC Ltd 2010 (12) TMI 23 - SUPREME COURT OF INDIA the right to set off arises as a result of the payment of tax under Section 115JA(1) although quantification of that right depends upon the ultimate determination of total income for the first assessment year. It is immaterial that the relevant form prescribed under Income Tax Rules, at the relevant time (i.e. before 1.4.2007), provided for set off of MAT credit balance against the amount of tax plus interest i.e. after the computation of interest under Section 234B. This was directly contrary to a plain reading of Section 115JAA(4). Further, a form prescribed under the rules can never have any effect on the interpretation or operation of the parent statute. Mat credit allowed to be set off from advance tax before calculating interest - Decided against the Revenue and in favour of the Assessee.

Summary

Issues:
1. Deduction u/s 80HHC based on book profits vs. eligible profits.
2. Set off of MAT credit against tax payable.

Issue 1 - Deduction u/s 80HHC based on book profits vs. eligible profits:
The High Court considered an appeal by the Revenue against the order of the Income Tax Appellate Tribunal regarding the allowance of deduction u/s 80HHC based on book profits u/s 115JA for the Assessment Year 1998-1999. The main question was whether the Tribunal was correct in allowing the deduction even though the eligible profits u/s 80HHC were Nil as per normal computation. The Court referred to a similar issue in a previous case and noted that the Supreme Court had ruled that full export profits of 100% are considered "eligible profits" under clause (iv) of Explanation to Section 115JB. The Court emphasized that the eligibility and deductibility of profits must be considered separately. The Court cited previous decisions and ruled in favor of the assessee, following the precedent set by the Supreme Court and a Division Bench of the same High Court in a related case.

Issue 2 - Set off of MAT credit against tax payable:
The High Court also addressed appeals by the Revenue against the Tribunal's order for the Assessment Years 2000-2001 and 2001-2002 regarding the set off of MAT credit against tax payable. The substantial questions of law raised were whether MAT credit should be set off before Tax Deducted at Source and Advance Tax paid, and whether MAT credit can be given priority contrary to the scheme of Schedule G of Form 1. The Court considered the judgment of the Supreme Court in CIT v. Tulsyan NEC Ltd., where it was clarified that MAT credit should be excluded while calculating assessed tax under section 234B. The Court highlighted the hardship caused by the previous exclusion of MAT credit and the subsequent amendment to include it in the calculation of assessed tax. The Court emphasized that the Department's argument would lead to increased liability for the assessee despite having MAT credit, which was not the intention of the law. Following the Supreme Court's decision, the Court ruled in favor of the assessee, dismissing the appeals by the Revenue.

In both issues, the High Court relied on relevant legal precedents and interpretations to provide a comprehensive analysis and deliver judgments in favor of the assessee, emphasizing the importance of separate consideration of eligibility and deductibility of profits and the correct calculation of assessed tax considering MAT credit.