Reliance Industries Ltd. v. ACIT (2023) 198 ITD 158 (Mum) (Trib.)

S. 115JB : Company-Book profit-Adjustment of disallowance made under section 14A could not be added to income for purpose of computation of book profit-Interest on income tax refund-Not credited interest on income tax refund to profit and loss account and reduced same from advance tax disclosed under loans and advances as a consistent accounting practice in view of non-crystallisation of such interest due to appeals pending at various forums in respect of related income tax refunds and assessee had offered interest on income tax refunds to tax under normal provisions-No addition of such interest was to be made to net profit for computing book profit under section 115JB-Direction of CIT(A) to for computation of disallowance as per Rule 8D is affirmed. [S. 14A, R.8D]

Held that adjustment of disallowance made under section 14A could not be added to assessee’s income for purpose of computation of book profit under section 115JB of the Act.  The  assessee had not credited interest on income tax refund to profit and loss account and reduced same from advance tax disclosed under loans and advances as a consistent accounting practice in view of non-crystallisation of such interest due to appeals pending at various forums in respect of related income tax refunds and assessee had offered interest on income tax refunds to tax under normal provisions, no addition of such interest was to be made to net profit for computing book profit. Once assessee’s accounts have been maintained in accordance with Companies Act and same have also been scrutinised and audited by statutory auditor, in absence of any material to negate these facts, Assessing Officer has limited power under section 115JB to make adjustment to book profit only in respect of items provided in Explanation 1 to section 115JB(1). Tribunal affirmed the direction of the CIT(A)  directing Assessing Officer to compute disallowance under section 14A, by invoking provisions of rule 8D.  (AY. 2016-17)