2019 (4) TMI 2050 - AT - Income Tax

Tribunal excludes section 14A disallowance from Book Profits under section 115JB

M/s. J.J. Glastronics Pvt Ltd. Versus Income Tax Officer, Ward-4 (1) (1), Bengaluru

The Tribunal allowed the appellant's appeal, holding that disallowance under section 14A should not be included in the computation of Book Profits under ... Disallowance u/s 14A for determining the Book Profits u/s 115JB - AO was of the opinion that in determining the Book Profits disallowance u/s 14A was excluded - HELD THAT:- We are of the opinion that the disallowance u/s 14A shall not be considered for computation of Book Profits u/s 115JB of the Act. See VIREET INVESTMENT (P.) LTD. [2017 (6) TMI 1124 - ITAT DELHI] - Accordingly, we set-aside the order of the CIT (A) and direct the Assessing Officer to delete the addition and allowed grounds of appeal of the assessee. Issues:1. Appeal against the order of CIT (A) under sections 154 and 250 of the IT Act, 1961 for the assessment year 2013-14.2. Disallowance under section 14A not added for determining Book Profits under section 115JB.3. Jurisdiction of the Assessing Officer under section 154 to modify the assessment.4. Sustainability of interest under sections 234B and 234C.Analysis:1. The appellant filed an appeal against the CIT (A)'s order under sections 154 and 250 of the IT Act for the assessment year 2013-14. The grounds of appeal raised various issues, including opposition to the order passed by the Commissioner, justification of the Assessing Officer's jurisdiction under section 154, and the addition of disallowance under section 114A while computing Book Profits under section 115JB. The appellant also contested the sustainability of interest under sections 234B and 234C.2. The assessment was initially completed with a total income of NIL under section 143(3) of the Act. The Assessing Officer later issued a notice under section 154 as disallowance under section 14A was not added for determining Book Profits under section 115JB. The assessment was modified, resulting in a total income of &8377; 43,57,781/-. The appellant appealed to the CIT (A) but was dissatisfied with the outcome, leading to an appeal before the Tribunal.3. The CIT (A) upheld the addition made by the Assessing Officer regarding the disallowance under section 14A for Book Profits under section 115JB. The appellant, before the Tribunal, argued that disallowance under section 14A should not be considered for determining Book Profits. The Tribunal analyzed relevant judicial decisions and held that disallowance under section 14A should not be included in the computation of Book Profits under section 115JB.4. The Tribunal considered the arguments presented by both parties and concluded that the disallowance under section 14A should not be factored into the computation of Book Profits under section 115JB. Citing precedents and the specific provisions of the IT Act, the Tribunal directed the Assessing Officer to delete the addition and allowed the grounds of appeal raised by the appellant. The appeal of the assessee was consequently allowed.5. In summary, the Tribunal's judgment focused on the correct interpretation of the provisions of the IT Act concerning the disallowance under section 14A for determining Book Profits under section 115JB. The Tribunal's decision clarified the legal position on this issue and provided relief to the appellant by setting aside the CIT (A)'s order and directing the Assessing Officer to delete the addition.