2021 (6) TMI 579 - AT - Income Tax

Tribunal rules on book profit set-off eligibility under Section 115JB, emphasizing correct interpretation

The Tribunal allowed the Revenue's appeal, emphasizing the correct interpretation of Section 115JB and the eligibility for reduction of brought forward ... MAT computation u/s 115JB - items eligible for reduction would be the lower of brought forward cash loss or brought forward depreciation loss as per books of accounts - HELD THAT:- What is contemplated in Clause (iii) of Explanation 1 to Section 115JB of the Act is the simple numerical figure being the amount of loss brought forward or unabsorbed depreciation whichever is less is to be deducted from the book profit . Hence, it is a simple determination of numerical amount which would be eligible for reduction from net profit for the purposes of arriving at the book profit u/s.115JB of the Act. The most crucial expression used in the said Clause (iii) of Explanation 1 to Section 115JB of the Act would be 'as per books of accounts'. It simply means that such computation has to be made 'as per books of accounts' from the year of incorporation to the current assessment year. In this case, the assessee had incurred business loss / depreciation losses as per books in the AYs 1999-00 & 2000-01 & AYs 2011-12 & 2012-13 alone, which were completely set off (ie both the losses viz unabsorbed business and unabsorbed depreciation losses were set off) , from the book profits of the remaining assessment years till the previous assessment year 2013-14 and the book profit as per the profit and Loss account balance as on 01.04.2013 per the balance sheet in the books of account - Thus, on the above facts, in effect there remains no brought forward business loss / unabsorbed depreciation loss available as per books for setting off against the book profit of this assessment year. See M/S. GO AIRLINES (INDIA) LIMITED [2021 (2) TMI 665 - ITAT MUMAI] - Revenue’s appeal is allowed. Issues:1. Interpretation of Section 115JB regarding set-off of brought forward losses and unabsorbed depreciation.2. Application of Clause (III) Explanation to Sec.115(JB)(2) for deduction from book profit.3. Whether losses of one year can be set off against profits of preceding years.4. Consideration of workings tabulated from A.Y 1999-2000 onwards.5. Determination of book profits u/s.115JB of the Act.Analysis:Issue 1:The Revenue appealed against the order of the Commissioner of Income Tax (Appeals) regarding the rejection of the assessee's MAT workings by the Assessing Officer (AO). The AO determined the income under sec.115JB at a specific amount, which was contested by the assessee.Issue 2:The CIT(A) deleted the addition made by the AO, emphasizing that the interpretation of Clause (III) Explanation to Sec.115(JB)(2) was incorrect. The CIT(A) argued that losses or unabsorbed depreciation of one year can be set off against the profit of subsequent years, and such amounts are carried forward or brought forward for set-off as per provisions.Issue 3:The Revenue challenged the CIT(A)'s decision, citing grounds related to the acceptance of brought forward depreciation losses for set-off against book profit while working out income u/s 115JB. The Revenue contended that losses of a year should not be set off against profits of preceding years.Issue 4:The Revenue highlighted that the assessee had no actual brought forward loss or depreciation as per books of account, as evidenced by tabulated workings from A.Y 1999-2000 onwards. The Revenue argued that the assessee was liable to pay tax under MAT workings due to the absence of brought forward losses for set-off.Issue 5:The Tribunal analyzed the computation of book profits u/s.115JB of the Act, focusing on the deduction of brought forward losses or unabsorbed depreciation as per books of accounts. The Tribunal emphasized that the determination should be made 'as per books of accounts' and allowed the Revenue's appeal based on the interpretation of relevant provisions and case law.In conclusion, the Tribunal allowed the Revenue's appeal, emphasizing the correct interpretation of Section 115JB and the eligibility for reduction of brought forward losses or unabsorbed depreciation from book profit as per books of accounts. The decision was based on a thorough analysis of the provisions and relevant case law, ensuring compliance with the legal framework governing the set-off of losses and deductions from book profits under the Income Tax Act.