2008 (11) TMI 438 - AT - Income Tax

Tribunal Favors Assessee: Allows Deduction Based on Total Unabsorbed Depreciation, Rejects Year-wise Loss Calculation Approach.

Amline Textiles (P.) Ltd. Versus Income-tax Officer, Ward 3 (1) -1, Mumbai

Amline Textiles (P.) Ltd. Versus Income-tax Officer, Ward 3 (1) -1, Mumbai - [2009] 27 SOT 152 (MUM.) Issues Involved:1. Restriction of deduction under clause (iii) of Explanation (1) to section 115JB.2. Computation of book profit under section 115JB.3. Consideration of brought forward loss and unabsorbed depreciation.Issue-wise Detailed Analysis:1. Restriction of Deduction under Clause (iii) of Explanation (1) to Section 115JB:The primary issue in this appeal is the restriction of the deduction claimed by the assessee under clause (iii) of Explanation (1) to section 115JB. The assessee claimed a deduction of Rs. 1,51,15,393 for unabsorbed depreciation, but the Commissioner of Income-tax (Appeals) restricted it to Rs. 1,06,61,828. The Assessing Officer did not allow the deduction for unabsorbed depreciation amounting to Rs. 44,53,565 for the assessment year 2001-02, arguing that the book profit before depreciation was positive, resulting in no set-off for that year.2. Computation of Book Profit under Section 115JB:The computation of book profit under section 115JB involves starting with the net profit as per the profit and loss account and making adjustments as per clauses (a) to (h) and (i) to (vii) of Explanation (1). The contention revolves around whether the deduction for unabsorbed depreciation and brought forward loss should be considered as a composite figure for all years or on a year-to-year basis. The assessee argued for a composite figure, while the revenue contended for a year-wise consideration.3. Consideration of Brought Forward Loss and Unabsorbed Depreciation:Clause (iii) of Explanation (1) to section 115JB(2) specifies reducing the 'amount of loss brought forward or unabsorbed depreciation, whichever is less as per books of account.' The term 'loss' is defined as excluding depreciation. The authorities below interpreted this clause to mean year-wise consideration, disallowing the deduction for the assessment year 2001-02 due to a positive book profit before depreciation. The Tribunal, however, concluded that the clause refers to a composite figure for all years, not year-wise figures.Tribunal's Reasoning and Judgment:The Tribunal emphasized the plain language of the provision, noting the use of the singular 'amount' rather than 'amounts,' indicating a composite figure for all years. The Tribunal also highlighted the absence of any reference to year-wise consideration in the clause. The Tribunal rejected the authorities' reliance on sections 71 to 73 and section 72(3), which limit the carry forward of business losses to eight years, stating that section 115JB does not impose such a restriction. The Tribunal concluded that the lower of the aggregate figures of unabsorbed depreciation or brought forward loss for all years should be considered.Conclusion:The Tribunal allowed the appeal, accepting the assessee's contention that the deduction should be based on the aggregate figure of Rs. 1,51,15,393 for unabsorbed depreciation, as it was lower than the aggregate brought forward loss of Rs. 2,40,75,717. The appeal was thus allowed in favor of the assessee.