Form 29B

[subbufca]

Recently in a seminar on MAT /AMT , the resource person claims  that on a stricter view (i)CA Report in Form 29B/29C as the case may be should be furnished with the jurisdictional Income Tax officer (ii)  that Form 29B is required to be obtained even if the Company is to pay  income tax under normal method . I would like understand if this view is correct OR that (i) those reports need to be obtained by assessee and need to be furnished on demand by AO and (ii) Form 29B need to be obtained only if tax liability is under sec115 JB/JC ( as this is evident in ITR format itself) .Please share your expert thought on this 

[camanojgupta]

1. the view that every comapny need to obtain report is incorrect. Section 115JB(4) says that "Every company to which this section applies, shall furnish a report in the prescribed form from an accountant as defined in the Explanation below sub-section (2) of section 288, certifying that the book profit has been computed in accordance with the provisions of this section along with the return of income filed under sub-section (1) of section 139 or along with the return of income furnished in response to a notice under clause (i) of sub-section (1) of section 142." Now section 115JB(1) says that " Notwithstanding anything contained in any other provision of this Act, where in the case of an assessee, being a company, the income-tax, payable on the total income as computed under this Act in respect of any previous year relevant to the assessment year commencing on or after the 1st day of April, [2012], is less than [eighteen and one-half per cent] of its book profit, such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of [eighteen and one-half per cent]]."
So on a conjoint reading it is clear that if a company is liable to pay MAT then only it need to obtain report in form no. 29B
2. So far as filing of report with AO is concerned rule 12(2) says that "The return of income required to be furnished in Form SAHAJ (ITR-1) or Form No. ITR-2 or Form No. ITR-3 or Form SUGAM (ITR-4S) or Form No. ITR-4 or Form No. ITR-5 or Form No. ITR-6 shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax, if any, claimed to have been deducted or collected at source or the advance tax or tax on self-assessment, if any, claimed to have been paid or any document or copy of any account or form or report of audit required to be attached with the return of income under any of the provisions of the Act.". Though rules cannot override statutory provisions and statute provides that report be filed with the return but if CBDT says so we need not file report with the AO.
CA MANOJ GUPTA
JODHPUR
09828510543