During appellate proceedings, the Commissioner (Appeals) enhanced the assessee’s book profits under section 115JB without issuing a statutory notice under section 251(2). The Tribunal held that issuance of a specific enhancement notice is a mandatory jurisdictional requirement. In the absence of such notice, the Commissioner (Appeals) lacked authority to enhance the income. The enhancement was therefore deleted. The assessee claimed reduction in book profits following recasting of its financial statements to account for hedging costs relating to external commercial borrowings. As the Commissioner (Appeals) failed to adjudicate this issue, the Tribunal restored the matter for de novo consideration in accordance with law (AY. 2019-20).
Indian Railway Finance Corporation Ltd. v. Dy. CIT (2025) 122 ITR 161 / 175 taxmann.com 747 (Delhi)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement by Commissioner (Appeals)-Mandatory notice under section 251(2) not issued-Enhancement invalid-Company-Book profit-Recast financial statements-Adjustment not adjudicated-Matter remanded. [S. 115JB, 251 (2)]
Leave a Reply