2025 (1) TMI 368 - AT - Income Tax

Setoff of accumulated deficit against the current year surplus - HELD THAT - We find considerable cogency in the submissions of the Assessee s that in view of the Hon ble Supreme Court of India in the case of CIT vs. Subros Educational Society, 2018 (4) TMI 1622 - SC ORDER the set off of accumulated deficit is allowable. We further find force in the contention of the Ld. AR that in various aforesaid case laws, it has been expounded by the Hon ble Courts that excess of expenditure in earlier year can be set off against income of subsequent years and would amount to application of income for subsequent years. Though amendment has been made in Section 11 denying the set off of such deficit by the Finance Act, 2021 w.e.f. 01.04.2022 by inserting explanation 5 to section 11(1) but this is applicable prospectively. The accumulated deficit arising out of expenditure over income for the previous year is allowed to be set off against the surplus of the impugned year. Decided in favour of assessee.

Summary

1. ISSUES PRESENTED and CONSIDERED

The legal judgment considered the following core legal questions:

1. Whether the accumulated deficit of Rs. 5,66,68,630/- from previous years can be set off against the current year's surplus.

2. Whether the Ld. Commissioner of Income Tax (Appeals) [CIT(A)] erred in not allowing the setoff of accumulated deficit against the current year's surplus.

3. Whether the assessment order was passed without proper jurisdiction due to non-issuance of mandatory notice under section 143(2) of the Income Tax Act.

4. Whether the Ld. CIT(A) erred in confirming the action of the Assessing Officer (AO) in charging interest under sections 234A, 234B, and 234D of the Income Tax Act, 1961.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Setoff of Accumulated Deficit

- Relevant Legal Framework and Precedents: The primary legal question was whether the accumulated deficit from previous years could be set off against the current year's surplus. The appellant cited several Supreme Court decisions, including CIT vs. Subros Educational Society, which allowed such setoffs. The amendment in Section 11 by the Finance Act, 2021, was also discussed, which prospectively denied such setoffs.

- Court's Interpretation and Reasoning: The court found considerable cogency in the appellant's argument that the accumulated deficit should be allowed as a setoff against the current year's surplus. The court relied on precedents where it was held that excess expenditure from earlier years could be offset against subsequent years' income.

- Key Evidence and Findings: The appellant presented a computation of income and submissions before the Ld. CIT(A), along with a chart showing the deficit amount. The court noted these submissions and the supporting case laws.

- Application of Law to Facts: The court applied the principles established in the cited case laws and found that the accumulated deficit should be set off against the current year's surplus, given that the amendment to Section 11 was not applicable for the assessment year in question.

- Treatment of Competing Arguments: The respondent relied on the order of the Ld. CIT(A) without presenting additional arguments. The court found the appellant's arguments more persuasive based on the existing legal framework and precedents.

- Conclusions: The court concluded that the accumulated deficit could be set off against the current year's surplus, allowing the appellant's appeal on this ground.

Issue 2: Jurisdiction and Issuance of Notice

- Relevant Legal Framework and Precedents: The appellant argued that the assessment order was passed without proper jurisdiction due to the non-issuance of the mandatory notice under section 143(2).

- Court's Interpretation and Reasoning: The judgment does not provide detailed reasoning on this issue, indicating that the primary focus was on the setoff of the accumulated deficit.

- Conclusions: The court did not explicitly address this issue in the judgment, focusing instead on the main issue of the accumulated deficit.

Issue 3: Charging of Interest

- Relevant Legal Framework and Precedents: The appellant contested the charging of interest under sections 234A, 234B, and 234D of the Income Tax Act.

- Court's Interpretation and Reasoning: Similar to the jurisdiction issue, the judgment does not delve into detailed reasoning regarding the charging of interest, suggesting that the decision was primarily based on the setoff issue.

- Conclusions: The court's decision was primarily focused on allowing the setoff of the accumulated deficit, with no explicit conclusion on the interest charging issue.

3. SIGNIFICANT HOLDINGS

- The court held that "in view of the Hon'ble Supreme Court of India in the case of CIT vs. Subros Educational Society, the set off of accumulated deficit is allowable."

- The core principle established is that accumulated deficits from previous years can be set off against the current year's surplus, provided the relevant legal amendments are not applicable for the assessment year in question.

- The final determination was in favor of the appellant, allowing the setoff of the accumulated deficit against the current year's surplus.

In conclusion, the judgment primarily addressed the issue of whether accumulated deficits could be set off against current year surpluses, ruling in favor of the appellant based on existing legal precedents and the non-applicability of recent amendments for the assessment year in question.