Bombay HC: National Security Justifies Denial of Police Clearance Certificate  ||  Bombay HC: Comic Remarks Without Malicious Intent Not Religious Insult  ||  J&K&L High Court: Scandalous Allegations Against Judicial Officers in Pleadings Impermissible  ||  P&H HC: Writ Petition Against Private Trust's Contractual Employment Dismissed  ||  Gujarat HC: Customary Divorce Entitles Daughter to Family Pension  ||  Calcutta HC: ECI's Prerogative to Deploy Central Employees as Counting Supervisors Upheld  ||  Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals  ||  Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment  ||  Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society  ||  SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers    

PVR Pictures Ltd, New Delhi. Vs. Deputy Commissioner of Income Tax - (Income Tax Appellate Tribunal) (10 Mar 2023)

Assessee is entitled to reduce the book profits by the amount of loss brought forward (excluding depreciation) or unabsorbed depreciation

MANU/ID/0370/2023

Direct Taxation

The assessee has challenged the computation of adjustment allowable in terms of clause (iii) of Explanation-1 to Section 115JB(2) of Income Tax Act, 1961 for computation of book profits made by the Assessing Officer resulting in lower adjustment to the extent of Rs.93,06,502.

Clause (iii) of Explanation-1 to Section 115JB(2) of the Act states that an assessee is entitled to reduce the book profits by the amount of loss brought forward (excluding depreciation) or unabsorbed depreciation, whichever is less as per books of account.

The assessee has correctly considered the figure of unabsorbed depreciation for Financial Year 2010-11 at Rs.22,18,04,962 in its working which portion has remained unabsorbed against the existing book profits of that year. The CIT(A) has wrongly considered the entire depreciation allowance of Rs.39,38,03,227 instead of restricting itself to the unabsorbed component. The figure of Rs.39,38,03,227 considered by the CIT(A) is total depreciation allowance instead of unabsorbed depreciation and thus the position taken by the CIT(A) is contrary to the phraseology of clause (iii) of Explanation-1 to Section 115JB(2).

To reiterate clause (iii) of Explanation-1 to Section 115JB(2) uses the expression ‘unabsorbed depreciation’ which has distinct connotations vis-à-vis total depreciation. Present Tribunal thus find merit in the plea of the assessee in justification of the computation of adjustment available to it against the book profit.

In this view of the matter, the claim of the assessee of Rs.93,06,502 being lower of unabsorbed depreciation and business loss deserves to be set off against the current year book profit in terms of the provisions of clause (iii) of Explanation-1 of Section 115JB(2) of the Act. Hence, the action of the CIT(A) is reversed. The appeal of the assessee is allowed.

Tags : COMPUTATION   ADJUSTMENT   LOSS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved