Tata Sons Ltd v. ACIT (2019) 69 ITR 46 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue -Book profit – Exempt income- two views possible -Revision is held to be bad in law. [S.14A, 115JB, R. 8D]

The AO  enhanced the  suo motu disallowance  made by the assesee. The Commissioner revised the order holding that the failure to include the sum in computing the book profit under the provisions of section 115JB rendered the assessment order erroneous in so far it was prejudicial to the interests of the Revenue. Allowing the appeal of the assessee the Tribunal held that in ACIT v.  Vireet Investments (P.) Ltd. (2017) 165 ITD 27  /154 DTR 241/188 TTJ 1 (SB) (Delhi) (Trib.)  held that the view beneficial to the assessee was to be taken while deciding the issue in terms of the decision  in  CIT v. Vegetable Products Ltd. (1973) 88 ITR 192(SC). Therefore the Assessing Officer had considered the issue during the original assessment proceedings and formed a view permissible under law that no disallowance relatable to exempt income could be made under section 14A read with rule 8D while computing the book profits under section 115JB. The revision proceedings were quashed as the assessment order was neither erroneous nor prejudicial to the interests of the Revenue. (AY. 2012-13 )