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2019 (4) TMI 1170 - HC - Income TaxRevision u/s 263 - Adjustment u/s 115JB - book profit for MAT - HELD THAT:- Tribunal proceeded to allow the appeal principally on two grounds. Firstly, that by virtue of the judgment of Supreme Court in case of Apollo Tyres Ltd. Vs. Commissioner of Income Tax [2002 (5) TMI 5 - SUPREME COURT] , while computing the assessee's book profit under the MAT provision, the Assessing Officer cannot tinker with books of accounts duly audited. Secondly, that the Assessing Officer having carried out inquiries with respect to the genuineness of the donation, the Commissioner could not have exercised revisional powers. Quite apart from these observations of the Tribunal, independently we find that during the year under consideration the assessee had committed to a total donation of ₹ 12.75 crores, out of which ₹ 10.25 cores was actually donated during the period relevant to the assessment year in question. Out of the remaining ₹ 2.50 crores ₹ 2 crores was donated in the next year, but even before the date of closing of the account of the present year and remaining ₹ 50 lakhs was donated shortly after that. In view of such facts, we do not see any reasons to interfere. We are conscious that the decision of the Supreme Court in case of Apollo Tyres (supra) is referred to larger bench, however, this view has been followed consistently by this Court and we do not propose to depart from the same - appeal dismissed.
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