TAQA Neyveli Power Company (P.) Ltd. v. PCIT (2022) 195 ITD 775 / 220 TTJ 1114 / (2023) 221 DTR 289 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Book profit-New method of accounting-Forex gain or losses-No enquires made by the AO in the assessment proceedings-Revision is held to be valid. [S. 115JB]

 The Assessee adopted Accounting Standards (Ind AS) for the preparation and presentation of Financial statements. Pursuant to the adoption of Ind AS, the business of the company had been regarded to be in nature of the Service Concession Agreement (SCA).  Since the tax on Book Profits under section 115JB was higher, the assessee paid taxes under section 115JB.  The Assessing Officer accepted returned income and finalized the assessment. Commissioner revised the assessment on the ground that the assessee had not made any adjustments to book profits with respect to MAT provisions however, forex gains/losses had been reduced for computing taxable income under normal provisions of Act. On appeal the Tribunal held that non-consideration of a pertinent issue with due application of mind would make the order erroneous and the same would prejudice the interest of revenue, therefore, revisional order is held to be justified.  (AY. 2016-17)