2021 (7) TMI 114 - HC - Income Tax

MAT applicability u/s 115JB - nature of company activities - Whether the Tribunal was correct in holding that Section 115JB was not applicable to the assesee in view of Explanation-3 to section 115JB without appreciating that the amendment is applicable only with effect from 1.4.2013 relevant Assessment Year 2013-14? - HELD THAT - As decided in M/s. Karnataka Power Corporation Ltd 2020 (5) TMI 657 - KARNATAKA HIGH COURT Companies Act, 1956 has excluded insurance, banking companies or the companies engaged in the generation or supply of electricity from the purview of Section 211(1) of the Companies Act, 1956 and resultantly from the purview of Section 115JB of the Act.

Summary

Issues:
1. Interpretation of deduction for expenses incurred towards operation and maintenance of civil structure, electrical, and mechanical appliances.
2. Applicability of Section 115JB.
3. Acceptance of additional ground raised regarding Section 115JB.

Interpretation of Deduction for Expenses:
The High Court analyzed whether the assessee is entitled to a deduction for expenses incurred towards operation and maintenance of civil structure, electrical, and mechanical appliances. The Court questioned if the expenses had crystallized during the relevant assessment year and if the liability was substantiated. The Income Tax Department did not press substantial question of law No.1, indicating a concession. The Court noted that substantial questions of law Nos.2 and 3 had already been decided in favor of the assessee in a previous case. Therefore, the Court dismissed this issue as no longer requiring consideration.

Applicability of Section 115JB:
The Court examined the applicability of Section 115JB to the assessee and the impact of Explanation-3 to Section 115JB. It was debated whether the amendment applied only from a specific date and relevant assessment year. The Court acknowledged that substantial question of law No.2 had been answered by a Division Bench in a previous judgment. As a result, the Court concluded that no substantial questions of law arose for consideration in this appeal and dismissed the issue.

Acceptance of Additional Ground on Section 115JB:
The Court considered the acceptance of an additional ground raised regarding the applicability of Section 115JB. It was debated whether the assessee had raised the issue before the Assessing Officer or the Appellate Commissioner and if the applicability of Section 115JB was admitted in the return of income. The Court observed that substantial question of law No.3 did not survive as it had been addressed in previous judgments. Consequently, the Court dismissed the appeal, stating that no substantial questions of law arose for consideration.

In conclusion, the High Court dismissed the appeal after analyzing the issues related to the interpretation of deduction for expenses, the applicability of Section 115JB, and the acceptance of an additional ground on Section 115JB. The Court referred to previous judgments where substantial questions of law had been addressed, leading to the dismissal of the appeal.