2016 (11) TMI 1442 - HC - Income Tax

Court upholds Revenue in favor, stresses Companies Act compliance for book profits under Income-tax Act

B And B Infratech Ltd. Versus Income-Tax Officer

B And B Infratech Ltd. Versus Income-Tax Officer - [2017] 396 ITR 420 Issues Involved:1. Characterization of capital and revenue receipts for computation of book profits under section 115JB of the Income-tax Act, 1961.2. Inclusion of excluded amounts under section 2(24) for computing book profits under section 115JB.3. Acceptance of additional documents as evidence during assessment proceedings.Issue 1: Characterization of Receipts for Book Profits:The appellant raised concerns regarding the characterization of capital and revenue receipts for computing book profits under section 115JB of the Income-tax Act, 1961. The Assessing Officer treated the book profit shown in the profit and loss account as per the provisions of section 115JB for tax assessment. The appellant contended that certain capital receipts should be excluded from book profits. However, the Tribunal held that if an item of income or expenditure is required to be disclosed in the profit and loss account as per Schedule VI to the Companies Act, it must be included for computing book profits under section 115JB. The Tribunal emphasized that the Assessing Officer cannot alter the profit and loss account prepared as per Schedule VI, except for permissible adjustments under the Explanation to section 115JB. The Tribunal's decision aligned with the Supreme Court's ruling in Apollo Tyres Ltd. v. CIT, emphasizing the importance of maintaining accounts in accordance with the Companies Act for computing income under section 115JB.Issue 2: Inclusion of Excluded Amounts for Book Profits:The appellant contested the inclusion of amounts excluded under section 2(24) of the Income-tax Act for computing book profits under section 115JB. The Tribunal clarified that any deduction not provided by the Explanation to section 115JB would fall outside the scope of operation of section 115JB. The Tribunal reiterated that section 115JB is a complete code with overriding effect over other provisions of the Act. Therefore, the Tribunal upheld the Assessing Officer's decision to include the excluded amounts in the book profits for tax assessment, as it complied with the provisions of the Income-tax Act.Issue 3: Acceptance of Additional Documents:The appellant challenged the Tribunal's decision to decline acceptance of additional documents requested by the Assessing Officer during assessment proceedings. The Tribunal ruled that the production of documents as requested amounted to producing additional evidence, which was not permissible. The Tribunal's decision was based on the understanding that once the profit and loss account is prepared as per Schedule VI to the Companies Act, neither the Assessing Officer nor the assessee can alter the account for computing book profits under section 115JB, except for adjustments specified in the Explanation to the section. Therefore, the Tribunal dismissed the appeal, stating that the Assessing Officer's treatment of the profit and loss account was in accordance with the provisions of the Income-tax Act.In conclusion, the High Court of Karnataka upheld the Tribunal's decision, ruling in favor of the Revenue and against the assessee. The Court found no error in the Tribunal's interpretation of section 115JB of the Income-tax Act, emphasizing the importance of maintaining accounts in conformity with the Companies Act for computing book profits. The judgment highlighted the limited power of the Assessing Officer to make adjustments to the profit and loss account, as provided in the Explanation to section 115JB, and reiterated that any deductions outside the Explanation's scope would not be considered for computing book profits.