1998 (8) TMI 602 - AAR - Income Tax

Tax Authority clarifies interaction of Income-tax Act sections on foreign oil companies' income calculation

The Authority ruled that section 42 of the Income-tax Act does not override the application of section 115JA in determining the total income of a foreign ... Whether the applicant is entitled to special benefits allowed under specific section 42 of the Income-tax Act, 1961 (regarding the special provisions for deduction in case of business of prospecting, etc., of mineral oil), before calculating the book profit as per section 115JA ? Issues:1. Interpretation of special provisions under section 42 of the Income-tax Act for deduction in the case of business of prospecting mineral oil.2. Applicability of section 115JA in calculating total income for a foreign company engaged in exploration and development of oil and gas fields.3. Whether section 42 overrides section 115JA in computing the book profit of the applicant.4. The scope of exemptions and modifications under section 293A in relation to the business of prospecting mineral oils.Analysis:1. The applicant, a foreign company engaged in oil and gas exploration, sought clarification on entitlement to special benefits under section 42 of the Income-tax Act before calculating book profit under section 115JA. The contention was that section 42 provides deductions for businesses prospecting mineral oil, including petroleum and natural gas, and should apply to their activities. However, the Authority ruled that while section 42 allows deductions for specific business income, it does not override the legal fiction introduced by section 115JA, which deems thirty percent of book profit as total income.2. Section 115JA mandates that thirty percent of the book profit of a company be deemed as its total income if the computed total income is less than thirty percent of the book profit. The Authority clarified that section 115JA does not aim to tax business income but total income. Therefore, while section 42 is relevant for computing business income, it does not supersede the application of section 115JA in determining the total income of the applicant, a foreign company engaged in oil and gas exploration.3. The Authority emphasized that the legal fiction created by section 115JA is a self-contained code that applies notwithstanding any other provisions of the Income-tax Act. The purpose of section 115JA is to prevent companies from avoiding tax by ensuring a minimum amount of tax payment based on book profits. In the case of the applicant, the special benefits under section 42 for deductions related to oil exploration cannot be claimed in the calculation of book profit under section 115JA. The provisions of section 115JA will prevail in determining the total income of the applicant-company.4. Regarding section 293A, which empowers the Central Government to grant exemptions or modifications in income-tax for businesses prospecting mineral oils, the Authority clarified that it does not impact the computation of total income. Section 293A allows for specific exemptions or reductions in tax rates for certain classes of assessees related to mineral oil businesses, but it does not alter the application of section 115JA in determining total income. Notifications issued under section 293A do not affect the legal framework of section 115JA, which stands independently for calculating total income.In conclusion, the Authority dismissed the applicant's claim for special benefits under section 42 in the calculation of book profit under section 115JA, affirming the applicability of section 115JA to the foreign company engaged in oil and gas exploration.