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2021 (6) TMI 634 - HC - Income TaxReduction of provision for bad and doubtful debts written back credited to profit and loss account for computation of book profit under Section 115JB - Disallowance of estimated expenses under Section 14A of the Act for computation of book profit under Section 115JB - no notice under Section 143(2) of the Act issued on the revised return - HELD THAT - Admittedly, the first three issues involved in this appeal are covered by decisions of this Court in the case of the assessee as well as in GOKALDAS IMAGES P. LTD. 2020 (11) TMI 345 - KARNATAKA HIGH COURT .Therefore, substantial question of law Nos.2 to 5 are answered against the revenue Validity of assessment - absence of notice under Section 143(2) - HELD THAT - Since the issue with regard to validity of the proceedings on account of absence of notice under Section 143(2) of the Act has not been examined by the Tribunal, therefore, we set aside the order of the Tribunal and remit the matter to the Tribunal to consider the effect of the assumption of jurisdiction by the Assessing Officer on account of non issuance of notice under Section 143(2) of the Act. Since the matter is being remitted to the Tribunal therefore, it is not necessary for us to deal with the first substantial question of law.
Issues:
1. Jurisdictional validity of assessment order due to absence of notice under Section 143(2) of the Income Tax Act, 1961. 2. Entitlement to reduction of provision for bad and doubtful debts under Section 115JB of the Act. 3. Failure to consider retrospective amendment regarding computation of book profit under MAT provisions. 4. Failure to grant deduction for reversal of provision for bad and doubtful debts. 5. Inclusion of disallowed indirect expenditure in computation of book profit for MAT purposes. Analysis: 1. The appeal raised concerns regarding the jurisdictional validity of the assessment order due to the absence of a notice under Section 143(2) of the Income Tax Act, 1961. The appellant contended that the assessment order was void ab initio as the mandatory notice was not issued and served. The Tribunal had not examined this issue, leading the High Court to remit the matter back to the Tribunal for consideration of the jurisdictional aspect. The Court set aside the Tribunal's order and directed a review of the jurisdictional validity concerning the absence of the Section 143(2) notice. 2. The issue of entitlement to a reduction of the provision for bad and doubtful debts under Section 115JB of the Act was also raised. The appellant argued for the reduction of a specific amount credited to the profit and loss account. The Tribunal had upheld the disallowance of this reduction. However, the High Court noted that previous judgments had favored the appellant on similar issues. Consequently, the Court ruled in favor of the assessee on this matter, directing that the substantial questions of law related to this issue be answered against the revenue and in favor of the assessee. 3. Another issue involved the failure to consider a retrospective amendment regarding the computation of book profit under Minimum Alternate Tax (MAT) provisions. The appellant argued that the Tribunal had overlooked the impact of a retrospective amendment by the Finance Act, 2009. This amendment required the provision for bad and doubtful debts to be added back for the computation of book profits under MAT provisions. The High Court acknowledged the appellant's contentions and directed a review of this aspect by the Tribunal upon remitting the matter back for further consideration. 4. The failure to grant a deduction for the reversal of provision for bad and doubtful debts was also contested. The appellant claimed that certain deductions should have been allowed based on previous actions taken by the appellant. The High Court recognized the appellant's arguments and directed the Tribunal to reconsider this issue upon remitting the case for further examination. 5. Lastly, the issue of including disallowed indirect expenditure in the computation of book profit for MAT purposes was raised. The Tribunal had made certain disallowances under Section 14A, which the appellant contested should not be included in the MAT provisions. The High Court found in favor of the assessee on this issue, directing that the disallowed indirect expenditure should not be added to the net profit for the computation of book profit under MAT purposes.
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