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Home News Commentaries / Editorials Month 10 2007 2007 (10) This

Income Tax - Impact of Adjustment made u/s 115J (MAT) on the unabsorbed depreciation

29-10-2007
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In recent case ( 2007 -TMI - 1918 - HIGH COURT, MADRAS ) decided by the honorable High Court of Madras, two issues were raised with respect to MAT (Minimum Alternate Tax):

"I. Whether, on the facts and circumstances of the case, the Tribunal is right in holding that, while computing the book profit under section 115J, the net profit shown in the profit and loss account is not to be increased by all the items in the clause (a) to (ha) of the Explanation to section 115J(1A) ?

2. Whether, on the facts and circumstances of the case, the Tribunal is right in holding that the unabsorbed depreciation to be carried forward should be, enhanced by an amount equal to the income assessed to tax under section 115J ?"

Following the ruling of Apex Court, Madras HC has held that:

"Amount of unabsorbed depreciation shall not be enhanced by an amount equal to the income assessed to tax under section 115J."

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