AVONMORE CAPITAL & MANAGEMENT SERVICES LTD,NEW DELHI vs. DCIT CIRCLE-3(2), NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that a debatable issue cannot be a rectifiable mistake apparent from record. Furthermore, it relied on the Special Bench decision in Vireet Investment, stating that computation under Section 115JB(2)(f) should be made without resorting to Section 14A.
What were the facts?
The Assessing Officer made an addition to the book profit under Section 115JB for a disallowance made under Section 14A, considering it a rectifiable mistake. The assessee contended that Section 14A disallowances are not to be considered for book profit computation.
What were the issues?
Whether a disallowance under Section 14A is to be considered for computing book profit under Section 115JB, and if the Assessing Officer's action constituted a rectifiable mistake.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ACIT v. Vireet Investment Pvt. Ltd.789 citing82 Taxmann.com 415 · 2017 · HC
Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH,
Before: SHRI N.K. BILLAIYA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] – I, New Delhi dated 29.03.2019 pertaining to assessment year 2014-15.
The sum and substance of the grievance of the assessee is that the ld CIT(A) erred in confirming the addition made by the Assessing Officer on account of disallowance made u/s 14A of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'] for computing the book profit under section 115JB of the Act.
Briefly stated the facts of the case are that by way of an order dated 14.09.2017, the Assessing Officer invoked the provisions of section 154 of the Act. Reasons, which prompted the Assessing Officer to rectify the mistake apparent from record is that in its computation of income, the assessee had added a sum of Rs. 22,48,459/– u/s 14A under normal provisions of the Act. Since the same was not offered for calculation of book profit under MAT provision, the Assessing Officer was of the opinion that this mistake resulted in under assessment of book profit under MAT provision and, accordingly, made addition of Rs. 22,48,459/– for computing book profit under MAT provision.
The assessee agitated the matter before the ld. CIT(A) and strongly contended that any disallowance made u/s 14A of the Act is not to be considered for computation of book profit and MAT provision.
The claim of the assessee did not find any favour with the ld. CIT(A) who confirmed the action of the Assessing Officer.
Before me, the ld. counsel for the assessee placed strong reliance on the decision of the Special Bench of the Tribunal in the case of Vireet Investment 82 taxmann.com 415.
Per contra, the ld. DR strongly relied upon the findings of the lower authorities and stated that the facts of the case are distinguishable.
I have given thoughtful consideration to the orders below. I find that suo moto disallowance made by the assessee in its computation of income was not considered by it while computing book profit under MAT provision. I find that the Assessing Officer has invoked the provisions of Section 154 of the Act claiming that not considering the disallowance made u/s 14A of the Act has resulted into a mistake apparent from record which is rectifiable.
At the very outset, I do not agree with this action of the Assessing Officer, as in my considered opinion, a debatable issue cannot be a rectifiable mistake apparent from record. Be that as it may, this issue has now been settled by the Special Bench of the Tribunal in the case of Vireet Investment [supra] wherein it has been held that computation under clause (f) of Explanation 1 to Section 115JB(2) of the Act is to be made without resorting to computation as contemplated under section 14A r.w.r 8D of the Act. On both counts, the assessee succeeds. The Assessing Officer is directed to delete the disallowance made u/s 14A of the Act from computation of book profit under MAT provision.
In the result the appeal of the assessee in is allowed.
The order is pronounced in the open court on 15.09.2021 in the presence of both the representatives.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- Vandemataram Projects Private Limited vs. Raipur Development AuthorityChhattisgarh · 27 Oct 2026