2019 (8) TMI 1261 - AT - Income Tax

Tribunal rules in favor of assessee on IT Act sec.115JA interpretation, allowing benefits under sec.54EC

The Tribunal ruled in favor of the assessee in a case concerning the interpretation of provisions of sec.115JA of the IT Act. It held that adjusted book ... MAT computation - deduction of capital gains which are exempt u/s.54EC for the purpose of computing book profit u/s.115JB - HELD THAT:- In the light of the binding decision of CIT-III, Chennai vs. M/s.Metal & Chromium Plater (P.) Ltd [2016 (11) TMI 1021 - MADRAS HIGH COURT] we hold that the capital gains which are exempt u/s.54EC cannot be reckoned for the purpose of computing book profit u/s.115JA. It was held that the adjusted book profits would be further eligible to the benefits set out in the other provisions of the Act and the plain language of Section 115 JB thus admits of the grant of relief u/s 54 EC in an assessment thereunder. - decided in favour of assessee Issues:1. Interpretation of provisions of sec.115JA of the IT Act.2. Eligibility for exemption u/s.54EA against book profit u/s.115JA.3. Recasting of the Profit & Loss Account prepared under the provisions of the Companies Act.4. Whether capital gains exempt u/s.54EC can be considered for computing book profit u/s.115JA.Analysis:Issue 1: Interpretation of provisions of sec.115JA of the IT ActThe appeal raised concerns regarding the interpretation of provisions of sec.115JA by the Assessing Officer. The AO assessed the amount credited to the reserve and surplus a/c under sec.115JA, which the assessee claimed exempt u/s.54E under normal computation. The Ld.CIT(A) confirmed the AO's interpretation, leading to the appeal. The Tribunal referred to a decision by the Hon'ble High Court of Madras, which favored the assessee, stating that the adjusted book profits under sec.115JA are eligible for benefits under other provisions of the Act, including relief under section 54EC. The Tribunal held in favor of the assessee, dismissing the departmental appeal.Issue 2: Eligibility for exemption u/s.54EA against book profit u/s.115JAThe Ld.CIT(A) was criticized for not recognizing the appellant's eligibility for exemption u/s.54EA against book profit u/s.115JA. The Tribunal's decision, based on the High Court's ruling, clarified that the adjusted book profits under sec.115JA are subject to other provisions of the Act, allowing for relief under section 54EC. This issue was resolved in favor of the assessee, leading to the allowance of the appeal.Issue 3: Recasting of the Profit & Loss Account under the Companies ActThe appellant contested the recasting of the Profit & Loss Account prepared under the Companies Act by the Assessing Officer, which was upheld by the Ld.CIT(A). However, the Tribunal's decision was influenced by the High Court's ruling, which determined that the adjusted book profits under sec.115JA can benefit from relief under other provisions of the Act. Consequently, the appeal was allowed in favor of the assessee.Issue 4: Consideration of capital gains exempt u/s.54EC for computing book profit u/s.115JAThe critical issue revolved around whether capital gains exempt u/s.54EC could be considered for computing book profit u/s.115JA. The Tribunal, guided by the High Court's decision, ruled that such capital gains cannot be reckoned for computing book profit u/s.115JA. This decision favored the assessee, resulting in the allowance of the appeal.In conclusion, the Tribunal's detailed analysis and reliance on the High Court's decision led to a favorable outcome for the assessee, allowing the appeal and dismissing the departmental appeal.