Munjal Auto Industries Ltd. v. ITO (2025) 235 TTJ 84 / 173 taxmann.com 498 (Ahd)(Trib)

S. 115JB: Company-Book profit-Sales tax subsidy-Credited to capital reserve-Adjustment made by the Assessing Officer is not justified.

Since the sales-tax subsidy has been directly credited to the capital reserve and never credited to the P&L a/c, in accordance with AS-12 and the provisions of the Companies Act, 1956, the AO was not justified in making an addition to book profit under s. 115JB; there being no finding in the CIT(A)’s order that the accounts of the assessee-company were not prepared in accordance with the Companies Act, the adjustment made by the AO was beyond his jurisdiction. (AY.2003-04, 2006-07)

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