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TMI Blog2018 (11) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... d depreciation pertaining to earlier years. The case was selected for scrutiny and notice u/s 143(2) and 142(1) of the Act were served upon the assessee. Necessary details as required were furnished. Ld.A.O disallowed the selling and administrative expenses at Rs. 5,00,000/- for want of necessary details and proof. Ld.A.O also denied the brought forward business loss and depreciation claimed by the assessee at Rs. 74,53,205/-. Ld.A.O observed that the assessee while calculating the book profit has not included the sundry balance written off at Rs. 2,57,30,466/-. He accordingly calculated the book profit for the purpose of application u/s 115JB of the Act at Rs. 2,24,33,925/-. 3. Aggrieved assessee preferred appeal before Ld.CIT(A) and partly succeeded. The Ld.CIT(A) confirmed the disallowance of expenses at Rs. 5,00,000/- and also confirmed the book profit of addition made by the Ld.A.O and as regards the claim of set off on unabsorbed business loss and unabsorbed depreciation directed the Assessing Officer to verify the claim and allow it as per rules. 4. Now aggrieved both the assessee and Revenue is in appeal before the Tribunal. 5. We will first take I.T.A. No.453/Ind/2016 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor Shri C.P. Rawka, CA dated 3.9.2010 we find that the net profit after prior period adjustment has been shown at Rs. 74,53,205/- and to this figure brought forward loss have been adjusted and the amount available for appropriation has been shown in negative at Rs. 7,91,91,532/-. In this figure of accumulated loss an amount representing to sundry balance of unsecured loan written off (i.e. income) at Rs. 2,57,30,466/- has been reduced leaving net carry forward loss of Rs. 5,34,61,066/-. 11. For the purpose of the application of the provision u/s 115JB of the Act explanation 1 to this section refers to the book profit which needs to be increased by certain amounts as referred in explanation 1(a) to (k) and similarly the book profit needs to be reduced by certain amounts mentioned in explanation 1(i) to (viii) of the Act. Now these adjustments of increase and decrease are to be made to the "book profit", which is the profit as shown in the statement of Profit & Loss Account for the relevant previous year which is prepared in accordance with the provisions of the Act governing, such companies. For better understanding we need to go through the relevant portion of 115JB of the Act wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n adopted for preparing such accounts including 76e[statement of profit and loss] for such financial year or part of such financial year falling within the relevant previous year. Explanation 1.-For the purposes of this section, "book profit" means the 77[profit] as shown in the 76e[statement of profit and loss] for the relevant previous year prepared under sub-section (2), as increased by- xxxxxxxxx - 12. From perusal of the sub section 2 of the Section 115 JB of the Act we observe that the book profit means the profit as shown in the statement of Profit & Loss account prepared for the previous year in accordance with Schedule-VI of the Companies Act 1956. The bone contention in this case is only with regard to the book profit adopted by Ld.A.O. The adjustment of sundry balance written off i.e. unsecured loans not payable, have been added in the profit and loss account below the amount available for appropriation. Now whether this particular amount of Rs. 2,57,30,466/- being sundry balance written off is a part of miscellaneous receipts to be added 'under the head income which will thereafter form the part of net profit before taxes or same could be adjusted to the amount a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xxx xxx Employee benefits expense Finance costs Depreciation and amortization expense Other expenses Total expenses xxx xxx V. Profit before exceptional and extraordinary items and tax (Ill- IV) xxx xxx VI. Exceptional items xxx xxx VII. Profit before extraordinary items and tax (V - VI) xxx xxx VIII . Extraordinary Items xxx xxx IX. Profit before tax (VII- VIII) xxx xxx X Tax expense: - (1) Current tax xxx xxx (2) Deferred tax xxx xxx XI Profit (Loss) for the period from continuing operations (VII-VIII) xxx xxx XII Profit/Closs) from discontinuing operations xxx xxx XII I &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the case, the Ld. CIT(A) (i) erred in allowing the carry forward losses & unabsorbed depreciation claimed by the assessee for the A.Y 2008-09 although no such carry forward loss is allowable in view of findings given by the AO as per assessment order for A.Y 2008-09. 19. From perusal of records we find that the only issue is set off of brought forward losses and unabsorbed depreciation. We find that the Ld.CIT(A) has already directed the Ld.A.O to verify the claim brought forward and the unabsorbed depreciation. We find that in the return for the year under consideration the appellant company had set off brought forward losses and depreciation to the tune of Rs. 74,62,470/-. The set off of unabsorbed depreciation is regulated by provision of Section 32(2) of the Act subject to the provision of sub-section 72(2) of Section 73(3) of the Act. It is also evident from the perusal of assessment record that Learned Assessing Officer has not given any specific finding for denying the set off of unabsorbed loss and unabsorbed depreciation. We, therefore in the interest of justice and in the given facts and circumstances of the case set aside the issues raised by revenue to the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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