MAT book profit adjustments allow captive power profits and actuarially valued employee liabilities to be deducted

For MAT computation under Section 115JA, profits attributable to captive power generation used internally by the smelter unit were treated as profits derived from the business of generation of power and could be reduced from book profit, even without third-party sale. A liability for leave encashment and post-retirement medical benefits, when supported by actuarial valuation and consistently reflected in the accounts, was treated as an ascertained liability rather than a contingent one, so it was deductible and not required to be added back. The book profits were therefore to be recomputed by allowing both adjustments.

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Issues: (i) Whether profits derived from captive power generation and internally consumed by the smelter unit could be reduced from book profit under Section 115JA(2)(iv) of the Income-tax Act, 1961 on the basis of the realizable value of such power. (ii) Whether the entire claim for leave encashment and post-retirement medical benefits, determined as an accrued liability on actuarial valuation, was deductible in computing book profit under Section 115JA of the Income-tax Act, 1961.

Issue (i): Whether profits derived from captive power generation and internally consumed by the smelter unit could be reduced from book profit under Section 115JA(2)(iv) of the Income-tax Act, 1961 on the basis of the realizable value of such power.

Analysis: The expression "profits derived by an industrial undertaking from the business of generation or generation and distribution of power" was construed broadly. Captive generation of power for internal use was held to be part of the assessee's business of generation of power. The profit attributable to power generated in the captive power plant was treated as embedded in the ultimate profits of the assessee and capable of apportionment for MAT computation. The absence of a third-party sale did not defeat the deduction.

Conclusion: The claim for reduction of power profits from book profit was held allowable, and the disallowance by the assessing authorities was held to be in error.

Issue (ii): Whether the entire claim for leave encashment and post-retirement medical benefits, determined as an accrued liability on actuarial valuation, was deductible in computing book profit under Section 115JA of the Income-tax Act, 1961.

Analysis: A liability quantified on actuarial valuation and consistently reflected in the accounts was treated as an ascertained liability rather than a contingent or unascertained liability. The treatment of the provision in the profit and loss account was accepted, and the principles governing clause (c) of the Explanation to Section 115JA were applied to hold that the amount could not be added back merely because the liability related to employee benefits payable in future.

Conclusion: The entire claim for leave encashment and post-retirement medical benefits was held allowable and the addition made by the revenue authorities was held unsustainable.

Final Conclusion: The book profits were directed to be recomputed by allowing both the deduction for captive power profits and the deduction for the accrued employee benefit liability, with the adverse orders on these issues set aside.

Ratio Decidendi: For MAT computation under Section 115JA of the Income-tax Act, 1961, captive generation of power used internally can yield deductible derived profits, and a liability supported by actuarial valuation and properly accounted for is an ascertained liability not liable to be added back as contingent.

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