2023 (7) TMI 931 - AT - Income Tax

Tribunal Upholds Capital Loss Adjustment in Book Profit Computation Under Section 115JB

The Tribunal dismissed the appeal and upheld the adjustment of capital loss on the sale of investments and cancellation of investments in the book profit ... MAT - determination of Book-Profits u/s 115JB vis-à-vis loss suffered by the assessee on loss on investments - HELD THAT:- As capital profits, which do not have component of income, are to be excluded while computing Book Profits u/s 115JB. On similar logic, the adjustment of loss could also not be allowed u/s 115JB. In other words, loss on sale of investment could not be reduced from Book Profits u/s 115JB. As in CIT V/s Metal and Chromium Plater (P.) Ltd. [2016 (11) TMI 1021 - MADRAS HIGH COURT] clearly held that in terms of provisions of sub-section (5) of Sec.115JB, the assessment was open for application of all other provisions contained in the Income tax Act except if specifically barred by that section itself. Therefore, when gains on sale of investments were to be excluded being capital receipts, naturally, the book profits are to be increased by similar losses incurred on sale of investments. Decided against assessee. Issues Involved:1. Adjustment of capital loss on sale of investments and cancellation of investments in book profit computation under Section 115JB.2. Consistency in the treatment of capital gains and losses in book profit computation.3. Application of the principles upheld by the Hon'ble Supreme Court regarding book profit computation under Section 115JB.4. The duty of the Assessing Officer to apply the provisions of law correctly irrespective of the claims made by the assessee.Summary:Issue 1: Adjustment of Capital Loss on Sale of InvestmentsThe primary issue for consideration was whether the capital loss of Rs. 55,05,28,777/- on the sale of investments and cancellation of investments in M/s. Pricol Pune Limited should be adjusted against or added to the book profit computed under Section 115JB. The assessee argued that the loss should not be included in the book profit, citing consistency with their earlier stand and previous favorable appellate decisions.Issue 2: Consistency in Treatment of Capital Gains and LossesThe assessee maintained a consistent position that capital gains on the sale of investments should be excluded from book profits under Section 115JB. Conversely, any loss arising from such sales should not be adjusted in book profits. This methodology had been accepted in earlier assessment years (AY 2013-14 and AY 2014-15), where the appellate authorities held that capital profits should be excluded from book profits. However, the department did not agree with this treatment in the current year.Issue 3: Application of Supreme Court PrinciplesThe assessee cited the Supreme Court's decision in Apollo Tyres, which stated that no adjustments other than those permissible under the explanation to Section 115J should be allowed if the profit and loss account is prepared according to Schedule VI of the Companies Act. The assessee argued that the CIT(A) ignored this principle by upholding the AO's adjustment of the capital loss.Issue 4: Duty of the Assessing OfficerThe assessee contended that the AO should have excluded the adjustment made by the assessee in the book profit computation, as done in previous years. The CIT(A) erred by not addressing the specific ground raised by the assessee regarding the non-consideration of a detailed note filed during assessment proceedings.Findings and Adjudication:The Tribunal observed that the assessee had consistently excluded capital profits from book profits in earlier years and, conversely, included capital losses. However, the Tribunal found that the rule of consistency did not apply in this case since the assessee had withdrawn the computation of profits under Section 115JB in revised returns in earlier years. It was held that capital profits, which do not have an income component, should be excluded while computing book profits under Section 115JB. Similarly, losses on the sale of investments could not be reduced from book profits under Section 115JB. The Tribunal confirmed the lower authorities' view and dismissed the grounds raised by the assessee.Conclusion:The appeal was dismissed, and the adjustment of capital loss on the sale of investments and cancellation of investments was upheld in the book profit computation under Section 115JB. The Tribunal emphasized the consistent legal position that capital profits and losses should be treated similarly in book profit computation.