COURT: | ITAT Bangalore |
CORAM: | Jason P. Boaz (AM), Vijay Pal Rao (JM) |
SECTION(S): | 115JB |
GENRE: | Domestic Tax |
CATCH WORDS: | Book Profits, Capital receipt |
COUNSEL: | T. Srinivasa |
DATE: | October 7, 2015 (Date of pronouncement) |
DATE: | November 18, 2015 (Date of publication) |
AY: | 2005-06 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 115JB: Even a non-taxable capital receipt credited to the P&L A/c cannot be excluded while computing the book profits. The fact that the notes to the A/cs state that the receipt is on capital account is irrelevant. Shivalik Venture distinguished |
The decisions relied upon by the assessee are applicable on the facts and circumstances where if an item of income or expenditure which is required to be disclosed in the P&L A/c prepared as per provisions of Schedule VI of the Companies Act but instead of disclosing the said item in the P&L A/c, it was disclosed in the Notes to the accounts, then such item of income or expenditure will be treated as part of the P&L A/c for the purpose of computing book profits u/s 115JB. Once P&L A/c is admittedly prepared as per Schedule VI of the Companies Act, then neither the AO has any power to tinker with it nor the assessee is permitted to claim exclusion or inclusion of any item of income or expenditure as the case may be, for the purpose of computing book profits u/s 115JB except the permissible adjustment provided under the Explanation to sec. 115JB of the Act itself
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