2020 (2) TMI 1102 - HC - Income Tax

Computing book profit u/s 115-J - assessee entitled to charge arrears of depreciation due to a change in the method of providing depreciation for earlier years to the profit and loss account of the current year - Correct interpretation of Section 115-J for determining the Book Profit , the appellant had option to adopt depreciation rates prescribed in the Income Tax Rules, 1962 in preference to the rates prescribed in Schedule XIV of the Companies Act, 1956 - HELD THAT - Assessing officer while computing the income under Section 115-J has only the power of examining whether the books of account are certifies by the authorities under the Companies Act as having been properly maintained in accordance with the Companies Act. The assessing officer thereafter has the limited power of making increases and reductions as provided for in the Explanation to the said section. To put it differently, the assessing officer does not have the jurisdiction to go behind the net profit shown in the profit and loss account except to the extent provided in the Explanation to Section 115-J. See APOLLO TYRES LTD. VERSUS COMMISSIONER OF INCOME TAX 2002 (5) TMI 5 - SUPREME COURT Question is answered in favour of the assessee. The matter is remanded back to the Assessing Officer to compute the income under Section 115J of the 1961 Act in accordance with law.

Summary

Issues:
1. Interpretation of orders Annexures P-1 and P-3 under the Income Tax Act, 1961.
2. Entitlement to charge arrears of depreciation for computing book profit under Section 115-J of the Act.
3. Calculation of "Book Profit" under Section 115-J of the Income Tax Act.
4. Option to adopt depreciation rates under the Income Tax Rules, 1962 or Schedule XIV of the Companies Act, 1956.
5. Legality of the interpretation of "Book Profit" in Section 115-J of the Income Tax Act.
6. Set-off of business loss or unabsorbed depreciation under Section 115-J.

Analysis:
The appellant appealed against the order passed by the Income Tax Appellate Tribunal, Chandigarh Bench, regarding the disallowance of depreciation claimed under the Income Tax Act and the Income Tax Rules. The Tribunal partly allowed the appeal of the revenue, holding that depreciation as per the Companies Act, 1956 should be allowed, and the assessee cannot charge arrears of depreciation to the profit and loss account. The controversy primarily focused on questions (b) and (c) during the arguments, covering the entire dispute in the appeal.

Regarding question (c), a similar issue was addressed in a previous case, M/s Gita Forging (P) Ltd. v. Commissioner of Income Tax Patiala, where the decision favored the assessee. For question (b), the appellant's counsel cited the Supreme Court's decision in Apollo Tyres Ltd. v. Commissioner of Income-tax, Kochi, which supported the appellant's position. The Supreme Court's decision clarified the assessing officer's limited power in examining the company's accounts under Section 115-J, emphasizing adherence to the Companies Act requirements.

As a result, the Court ruled in favor of the assessee, directing the matter to be remanded back to the Assessing Officer for computing the income under Section 115J in compliance with the law. The parties were instructed to appear before the Assessing Officer for further proceedings. Ultimately, the appeal was disposed of accordingly, settling the dispute surrounding the interpretation of orders, entitlement to depreciation charges, calculation of "Book Profit," and the legality of the set-off provision under Section 115-J.