2016 (8) TMI 1398 - AT - Income Tax

ITAT Mumbai allows appeal, excludes sec. 115JB for AY 2005-06, orders interest reevaluation.

Bank of India Versus DCIT 2 (1), Mumbai

Bank of India Versus DCIT 2 (1), Mumbai - TMI Issues:1. Applicability of sec. 115JB for assessment year 2005-06.2. Granting of interest u/s 244A of the Act.Analysis:*Issue 1: Applicability of sec. 115JB for assessment year 2005-06*The appeal pertains to the order passed by the Ld CIT(A) confirming the assessment of total income as a negative figure by adopting book profit computed u/s 115JB of the Act. The assessee challenged this order, citing a favorable decision in AY 2006-07 and requesting alignment with the co-ordinate benches' decisions. The Tribunal, after hearing both parties, set aside the Ld CIT(A)'s order, holding that sec. 115JB shall not be applicable for the years under consideration, consistent with the view taken in AY 2006-07.*Issue 2: Granting of interest u/s 244A of the Act*The second issue contested by the assessee concerns the granting of interest u/s 244A of the Act. The assessee argued that refunds received were adjusted against tax due without proper allocation between tax and interest portions. Citing Tribunal decisions in the assessee's case and Union Bank of India's case, the Ld A.R sought proper adjustment following the precedent set by the Hon’ble Delhi High Court in India Trade Promotion Organisation Vs. CIT. The Tribunal, recognizing the complexity of the matter and the need for fresh examination by the AO, directed a reevaluation of the interest computation u/s 244A in line with the decision in the India Trade Promotion Organisation case.In conclusion, the appeal filed by the assessee was allowed, with the Tribunal ruling in favor of the assessee on both issues. The order was pronounced on 3.8.2016 by the Appellate Tribunal ITAT MUMBAI, with the citation 2016 (8) TMI 1398 - ITAT MUMBAI.