2018 (9) TMI 217 - HC - Income Tax

Court upholds reduction claim in computation of book profit under Income Tax Act

The High Court affirmed the Tribunal's decision regarding the disallowance of the claim for reducing the disclosed amount in the computation of book ... Addition of interest on share application while computing book profit under section 115JA - Interest on share application voluntarily disclosed as income by the assessee under VDIS - Held that:- As per the provisions of section 68 of the Finance Act, 1997, the amount of income voluntarily disclosed under VDIS shall not be included in the total income of the declarant assessee for any assessment year under the Income Tax Act - since the said provisions are overriding as a result of non-obstante clause contained in section 64 of the Finance Act, 1997, we find merit in the contention of assessee that the interest on share application voluntarily disclosed as income by the assessee under VDIS for A.Y.1994-95 could not be included in the total income of the assessee for the year under consideration even for the purpose of computing book profit under section 115JA whereby an amount equal to 30% of the book profit is deemed to be the total income of the assessee chargeable to tax for the relevant previous year. We, therefore, find no infirmity in the order of the ld.CIT(Appeals) deleting the interest on share application while computing book profit under section 115JA Issues involved:1. Disallowance of claim for reducing the disclosed amount in computation of book profit under Section 115JA of the Income Tax Act, 1961.2. Interpretation and application of Section 68 of the Finance Act, 1997 in relation to voluntarily disclosed income.3. Dispute regarding the inclusion of interest income in the total income of the assessee for the relevant assessment year.Analysis:1. The assessee voluntarily disclosed interest on share application money, which was not offered for tax in the previous year but disclosed in the Assessment Year 1998-99 under the Income Tax Scheme of 1997. The assessing officer disallowed the claim for reducing this amount in the computation of book profit under Section 115JA of the Income Tax Act, 1961, citing that it did not fall within the specified explanations of the Act.2. Both the Commissioner of Appeals and the Tribunal upheld the assessee's claim for reduction based on Section 68 of the Finance Act, 1997. Section 68 outlines conditions for voluntarily disclosed income not to be included in the total income, provided the declarant credits the amount in the books of account and pays the income tax within the specified time. The Tribunal emphasized that the provisions of Section 68 of the Finance Act, 1997, override other provisions, as per the non-obstante clause in the Act.3. The Tribunal's decision highlighted that the interest on share application money voluntarily disclosed under the Income Tax Scheme for a previous year could not be included in the total income for the current assessment year, even for computing book profit under Section 115JA. The Tribunal found no error in the Commissioner's decision to delete the interest amount while computing book profit, as it was in compliance with the provisions of the statute.4. The High Court, in its judgment, affirmed the Tribunal's decision, stating that there was no error in the view taken by the Tribunal and the Commissioner of Income Tax (Appeals). The Court concluded that the Tribunal's decision was based on a proper understanding of the statutory provisions, and the appeal did not raise any legal question. Therefore, the appeal was dismissed, along with the stay petition, with no order as to costs.