2025 (4) TMI 991 - AT - Income Tax

Tax Tribunal Clarifies MAT Computation Under Section 115JB, Preventing Double Taxation of Book Profits

ACC Limited. Versus ACIT, Central Circle – 3 (4), Mumbai

ACC Limited. Versus ACIT, Central Circle – 3 (4), Mumbai - TMI 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Tribunal in this appeal are:(a) Whether the order passed by the learned Commissioner of Income Tax (Appeals) under section 250 of the Income Tax Act, 1961 is void ab initio and bad in law.(b) Whether the intimation under section 143(1) of the Act is void ab initio for being passed without providing the assessee an opportunity of being heard regarding various additions made in the order.(c) Whether the addition of Rs. 558.55 crores on account of provision for taxation while computing book profit under section 115JB of the Act is justified or whether the entire adjustments made by the Assessing Officer (AO) should be deleted.(d) Whether the assessee was denied the right to a video hearing before adjudication, thereby causing prejudice.Among these, the principal substantive issue pertains to the correctness of the addition made on account of provision for taxation while computing book profit under section 115JB of the Act.2. ISSUE-WISE DETAILED ANALYSISIssue (c): Addition on account of provision for taxation while computing book profit under section 115JBRelevant legal framework and precedents: Section 115JB of the Income Tax Act provides for the computation of Minimum Alternate Tax (MAT) on book profits of companies. Explanation 1 to section 115JB clarifies the adjustments to be made to the net profit as shown in the profit and loss account for the purpose of computing book profit. The provision mandates certain additions and deductions to arrive at the book profit, including the treatment of tax expenses. The principle is that tax expenses which do not represent actual cash outflow or are adjustments of earlier years should be excluded to avoid double taxation.Court's interpretation and reasoning: The Tribunal examined the facts that the assessee had declared a total income under normal provisions and under section 115JB. The assessee's revised return showed a current tax provision of Rs. 578.79 crore, which included tax adjustments of earlier years amounting to Rs. 500.63 crore and deferred tax charge of Rs. 28.96 crore. The assessee contended that the net tax expense to be added back to book profit under section 115JB was only Rs. 49.20 crore (578.79 crore less 500.63 crore less 28.96 crore).The AO, however, treated the entire Rs. 578.79 crore as provision for taxation and added the full amount to book profit, resulting in double addition of Rs. 500.63 crore which had already been disallowed in earlier years.Key evidence and findings: The Tribunal reviewed the profit and loss account and the computation of book profit supported by Form No. 29B issued by an independent Chartered Accountant. It found that the current tax liability for the year was Rs. 78.16 crore and deferred tax Rs. 28.96 crore, confirming the assessee's claim that only Rs. 49.20 crore was the net tax expense for the year.Application of law to facts: The Tribunal held that the addition of the entire Rs. 578.79 crore by the AO was erroneous as it failed to exclude the tax adjustment of earlier years, leading to double taxation. The deferred tax charge also should not be added while computing book profit under section 115JB. Therefore, only the net tax expense of Rs. 49.20 crore should be added under Explanation 1 to section 115JB.Treatment of competing arguments: The assessee's argument that the tax adjustment for earlier years had already been taxed and hence should not be added again was accepted. The Tribunal rejected the AO's approach of adding the entire provision for taxation without netting off earlier adjustments and deferred tax charges. The learned CIT(A)'s upholding of the addition of Rs. 558.55 crore was also found erroneous and was set aside.Conclusions: The Tribunal allowed the ground raised by the assessee to restrict the addition on account of provision for taxation to Rs. 49.20 crore, directing the AO to amend the computation accordingly.Issues (a), (b), and (d): Validity of CIT(A) order, intimation under section 143(1), and denial of video hearingThese grounds raised by the assessee were not substantively adjudicated upon as the Tribunal found them to be rendered academic in view of the decision on the principal issue regarding the tax provision addition. Hence, these grounds were left open without any determination.3. SIGNIFICANT HOLDINGSThe Tribunal's crucial legal reasoning on the principal issue is preserved verbatim:'It is evident that the amount of Rs. 500.63 being the tax adjustment of earlier years, which was disallowed in earlier years while computing the income of the assessee, was not reduced in the year under consideration, thereby resulting in the double addition of the same amount. Therefore, we find merits in the submissions of the assessee that the amount of Rs. 500.63 crore being the tax adjustment for earlier years should be reduced from the current tax and only the balance amount being the net tax expenditure can be added under Explanation - 1 to section 115-JB of the Act. We also do not find any merits in the addition of deferred tax charge amounting to Rs. 28.96 crore by the learned CIT(A), and we are of the considered view that the same is also required to be reduced for computing total tax expenses for the year under consideration.'Core principles established include:The provision for taxation added back to book profit under section 115JB must represent the net tax expense for the year, excluding tax adjustments for earlier years already taxed, to avoid double taxation.Deferred tax charges are not to be added while computing book profit under section 115JB.The AO's mechanical addition of the entire tax provision without proper adjustment is impermissible.Final determinations on the principal issue:The addition made by the AO and upheld by the CIT(A) of Rs. 558.55 crore on account of provision for taxation is set aside.The addition to book profit under section 115JB is restricted to Rs. 49.20 crore, representing the net tax expense for the year.The appeal filed by the assessee on this ground is allowed.