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2019 (3) TMI 399 - HC - Income TaxSubstantial question of law - book profit u/s. 115JB - MAT computation - Admitted question regarding addition made in provision for bad and doubtful debts, revenue generated from trial run production and sales tax subsidy in computation of book profit u/s. 115JB. No substantial question of law admitted regarding - provision for Director's Retirement Benefit - excess expenditure on Voluntary Retirement - expenses on VRS pertaining to earlier years - addition made in respect of expenditure debited to P & L account - book profit u/s. 115JB - MAT computation - HELD THAT:- The CIT(A) and the Tribunal by concurrent orders deleted such additions on the ground of the liabilities being ascertained contrary to what the Assessing Officer had held and / or on the ground that the Assessing Officer cannot tinker with the assessee's books of accounts while computing income under Section 115JB of the Act by placing reliance on the judgment of the Supreme Court in case of Apollo Tyres Ltd Vs. CIT [2002 (5) TMI 5 - SUPREME COURT]. As perused the documents on record, we are broadly in agreement with the view of the Tribunal. The liabilities in question related to the provisions made for directors' retirement benefits, liability arising out of voluntary retirement scheme etc. These questions are, therefore, not considered. Addition being expenditure claimed in respect of temporary structure - HELD THAT:- Question similar to one considered by this Court in M/S ASSOCIATED CEMENT COMPANY LTD[2015 (12) TMI 1787 - BOMBAY HIGH COURT] in which by order dated 9.12.2015, this question was not considered. Addition in respect of provision for deferred tax liability - tribunal deleted addition made by the AO resulted into double disallowance to the assessee - HELD THAT:- CIT(A) and the Tribunal both have concurrently held the disallowance amounts to double disallowance and therefore, deleted the same. This additional question, therefore, not considered.
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