2020 (5) TMI 145 - HC - Income Tax

MAT - Computing book profit u/s 115JB - assessee Company has not added the provision for bad and doubtful advance as determining book profits - HELD THAT - Issue involved is squarely covered by the decision of this Court in the case of Commissioner of Income Tax Vs. Kirloskar Systems Limited 2013 (12) TMI 9 - KARNATAKA HIGH COURT wherein this Court has held that no addition be made to the profit as per the profit and loss account by invoking clause (i) or (c) of Explanation 1 to Section 115JB of the Act in a case where there is a corresponding reduction of the sum debited to the profit and loss account on account of provision for bad and doubtful debts from the Advances shown in the Balance Sheet of the Assessee. - Decided against revenue.

Summary

Issues:
1. Interpretation of provisions of Section 115JB of the Income Tax Act, 1961 regarding computation of book profit.
2. Whether the provision for bad and doubtful advances should be added while computing book profit under Section 115JB.
3. Compliance with the stipulations under Schedule VI Part I to the Companies Act, 1956 for computing book profit.

Analysis:
The appeal before the Karnataka High Court involved a dispute regarding the computation of book profit under Section 115JB of the Income Tax Act, 1961. The appellant, the Revenue, challenged the order of the Income Tax Appellate Tribunal, Bengaluru, which allowed the appeal of the assessee company. The core issue revolved around the treatment of a provision for bad and doubtful advances made by the assessee in its accounts. The assessee had debited a substantial amount towards this provision, but while computing book profit, it did not add this provision as required by Section 115JB. The Assessment Authority determined the book profits, taking into account this provision, leading to the appeal by the assessee.

The appellant contended that the Tribunal erred in allowing the claim as bad debts, as it was not in line with the accounts approved under the Companies Act, 1956, for computing book profit under Section 115JB. Additionally, the appellant argued that the Tribunal failed to recognize the compliance of the assessee with the stipulations of Schedule VI Part I to the Companies Act, 1956. On the other hand, the respondent, the assessee, relied on a previous decision of the Court in the case of Commissioner of Income Tax Vs. Kirloskar Systems Limited, where it was held that no addition should be made to the profit as per the profit and loss account if there was a corresponding reduction of the sum debited to the profit and loss account due to provision for bad and doubtful debts.

Upon examination of the submissions and records, the High Court observed that the Tribunal had based its decision on the precedent set by the Court in the case of Commissioner of Income Tax Vs. Kirloskar Systems Limited. The Court concluded that the controversy in the present appeal was squarely covered by the previous decision, and therefore, no substantial questions of law arose for consideration. Consequently, the High Court dismissed the appeal, finding no merit in the arguments presented by the appellant.