1993 (8) TMI 124 - AT - Income Tax

Issues Involved:
1. Computation of book profit u/s 115J.
2. Computation of profit and gains from business or profession u/s 28 to 43A.
3. Deduction under section 37(2A).
4. Disallowance from travelling expenses u/s 37(3) read with Rule 6D.
5. Disallowance under section 37(4).
6. Disallowance under section 40A(3).
7. Disallowance of foreign travel expenses.
8. Non-allowance of professional expenses.
9. Investment allowance on exchange fluctuation.

Summary:

1. Computation of Book Profit u/s 115J:
The CIT (Appeals) erred in restoring the addition made to the book profits to the file of the Assessing Officer. The Assessing Officer rejected the appellant's computation of book profits, which showed a loss of Rs. 10,50,98,557, arguing it did not reflect the credit representing the amount transferred from the revaluation reserve account. The Tribunal held that the withdrawal from the revaluation reserve, which was credited to the profit & loss account, could not form part of the book profit, following the Special Bench decision in Sutlej Cotton Mills Ltd. v. ACIT [1993] 45 ITD 22 (Cal.).

2. Computation of Profit and Gains from Business or Profession u/s 28 to 43A:
The appeal included issues related to the computation of profit and gains from business or profession. The Tribunal addressed these issues in the order argued before them.

3. Deduction under Section 37(2A):
The assessee claimed that the statutory deduction of Rs. 5,000 should be allowed from the profit of each business unit. The Tribunal rejected this claim, stating that the statutory deduction of Rs. 5,000 is allowable to the assessee only once, not severally, unless each business unit is a separate assessee.

4. Disallowance from Travelling Expenses u/s 37(3) read with Rule 6D:
The appellant claimed that disallowance should be worked out by consolidating all travel undertaken by each employee in a year. The Tribunal upheld this claim, directing the Assessing Officer to work out the disallowance by consolidating all travel undertaken by each employee in a year and applying Rule 6D of the IT Rules, 1962.

5. Disallowance under Section 37(4):
The assessee claimed that rent, repair, and expenditure on guest house expenses should not be reconsidered for disallowance under section 37(4). The Tribunal, following its earlier decision in the assessee's case for the assessment year 1983-84, allowed this claim.

6. Disallowance under Section 40A(3):
The assessee did not seriously contest the disallowance under section 40A(3), disallowance of foreign travel expenses, and non-allowance of professional expenses. The Tribunal rejected these grounds of appeal as without any merit.

7. Investment Allowance on Exchange Fluctuation:
The assessee claimed investment allowance on the cost of assets comprising the difference in exchange fluctuation. The Tribunal, following its earlier decision in the assessee's case for the assessment year 1983-84, allowed this claim.

8. Carried Forward Amount on Book Profit Tax:
The Tribunal rejected the claim of allowing the carried forward amount on which book profit tax has been paid, as it is outside the ambit of section 115J(2).

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