Capital-gains exemption in MAT book-profit computation remains available despite omission from the return's MAT adjustment.
Section 115JB(5) preserves the application of other Income-tax Act provisions in MAT book-profit computation unless expressly excluded. Capital-gains exemption under section 54G, once accepted under normal provisions, must therefore be reflected in book profit because section 115JB contains no exclusion. Omission of the MAT adjustment in the return does not defeat relief arising from disclosed and accepted facts, particularly where the return form lacks a specific adjustment field. A return filed within the CBDT-extended period for belated returns does not independently bar the claim. No remand is required where eligibility and quantum were already accepted under normal computation.
Issues: (i) Whether the delay of 60 days in filing the appeal should be condoned; (ii) Whether capital-gains exemption allowable under section 54G under the normal provisions must also be given effect in book-profit computation under section 115JB; (iii) Whether the section 54G benefit can be considered despite its omission from the MAT computation in the return; (iv) Whether the section 54G claim can be rejected because the return was filed under section 139(4) on 30.11.2020; and (v) Whether the matter requires remand for verification of the quantum of section 54G relief.
Issue (i): Whether the delay of 60 days in filing the appeal should be condoned.
Analysis: The medical evidence and explanation concerning the director's health, personal difficulties, collection of evidence and change in professional assistance established sufficient cause. Nothing indicated a deliberate delay or any advantage from belated filing; the expression sufficient cause warranted liberal construction to advance substantial justice.
Conclusion: The delay of 60 days was condoned.
Issue (ii): Whether capital-gains exemption allowable under section 54G under the normal provisions must also be given effect in book-profit computation under section 115JB.
Analysis: Section 115JB(5) preserves the application of other provisions of the Income-tax Act unless specifically excluded. The section 54G exemption had already been accepted under the normal provisions, and section 115JB contains no exclusion of that relief. The principle permitting capital-gains relief in MAT computation therefore applies equally to section 54G.
Conclusion: The section 54G exemption must be allowed in computing book profit under section 115JB, in favour of the assessee.
Issue (iii): Whether the section 54G benefit can be considered despite its omission from the MAT computation in the return.
Analysis: The claim arose from the same transaction and facts already disclosed and accepted under the normal computation, rather than from a new claim requiring fresh factual foundation. A legally admissible relief cannot be denied solely because it was omitted in the return, particularly where the prescribed return form did not provide a specific field for the relevant MAT adjustment. Appellate authorities may entertain such a lawful claim.
Conclusion: The section 54G benefit cannot be denied merely because it was omitted from the MAT computation in the return, in favour of the assessee.
Issue (iv): Whether the section 54G claim can be rejected because the return was filed under section 139(4) on 30.11.2020.
Analysis: The CBDT had extended the time for furnishing belated and revised returns for the relevant assessment year until 30.11.2020 due to the COVID-19 pandemic. The return was consequently filed within the extended period. Filing under section 139(4) did not, by itself, negate a substantively available section 54G claim, and no separate condonation under section 119(2)(b) was required on these facts.
Conclusion: The section 54G claim cannot be rejected on account of the return having been filed on 30.11.2020, in favour of the assessee.
Issue (v): Whether the matter requires remand for verification of the quantum of section 54G relief.
Analysis: The eligibility and quantum of the section 54G claim had already been accepted under the normal provisions. The MAT claim concerned the same accepted amount and involved no fresh factual enquiry requiring verification.
Conclusion: No remand for verification is warranted, and the accepted section 54G relief must be given effect in the MAT computation, in favour of the assessee.
Final Conclusion: The book-profit assessment must give effect to the section 54G exemption already accepted under the normal provisions, without denial based on the claim's omission from the MAT computation or the return's filing within the extended period.
Ratio Decidendi: By virtue of section 115JB(5), a capital-gains exemption otherwise available under the Income-tax Act applies in MAT book-profit computation unless section 115JB expressly excludes it.