RAMA NEWSPRINT AND PAPERS LTD,MUMBAI vs. DCIT CIR 3(3), MUMBAI
What did the Tribunal hold?
The Tribunal found that the AO had previously accepted deferred tax assets as accumulated book losses for AY 2007-08. Therefore, the issue was remanded back to the AO to decide in light of the earlier order.
What were the facts?
The assessee claimed set off of brought forward business losses or unabsorbed depreciation against book profits. The Assessing Officer (AO) did not consider the deferred tax asset as part of accumulated losses for this set off. The assessee relied on a previous order by the AO for AY 2007-08 where deferred tax asset was considered as accumulated book losses.
What were the issues?
Whether deferred tax asset created as per AS-22 can be considered as accumulated losses for set off against book profits under Section 115JB. Whether the AO's previous order for AY 2007-08 is binding for the current assessment year.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D”, BENCH
Before: SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM
आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-7, Mumbai in appeal No.CIT(A)-7/DCIT-3(3)/IT-9310-11 dated 27/12/2012 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 24/05/2010 by the ld. Dy. Commissioner of Income Tax, Circle 3(3), Mumbai (hereinafter referred to as ld. AO).
M/s. Rama Newsprint and Papers Ltd., 2. The short issue that arises for our consideration is as to whether assessee is eligible for set off of lower of brought forward business losses or unabsorbed depreciation as per books of accounts in accordance with Clause-(iii) of Explanation(1) of Section 115JB(2) of the Act. The interconnected issue involved therein is as to whether the deferred tax asset created by the assessee in its balance sheet as per the Accounting Standard-22 (AS-22) issued by the Institute of Chartered Accountants of India (ICAI) could be construed as part of accumulated losses as per books of accounts and consequently available for set off against book profits computed in the manner provided u/s.115JB of the Act.
We have heard rival submissions and perused the materials available on record including the paper book filed by the assessee. We have also gone through the audited financial statements for the year ended 31.3.2008 of the assessee. We find from the audited financial statements for the year ended 31.3.2008 of the assessee that, the assessee has reported net profit (after reducing fringe benefit tax) for the year in the sum of Rs.161.70 lakhs. We find that assessee has got sufficient amounts in the deferred tax asset created on account of unabsorbed depreciation, unabsorbed business loss , among others. The ld. AO while framing the assessment for the year under consideration had not considered the deferred tax asset as a part of accumulated loss as per books of account. The ld. AR placed on record the order passed by the ld. AO u/s.143(3) r.w.s. 254 of the Act dated 13/12/2018 for the A.Y.2007-08 wherein the ld. AO had categorically recorded a finding that deferred tax asset has indeed been created by the assessee in earlier years out of accumulated book losses. In view of this order passed for the A.Y.2007- 08 by the ld. AO, we deem it fit and appropriate, to remand the issue in dispute before us back to the file of the ld. AO to decide the same in the light of the order passed by him for A.Y.2007-08 vide order dated M/s. Rama Newsprint and Papers Ltd., 13/12/2018. Accordingly, the grounds raised
by the assessee are allowed for statistical purposes.
4. In the result, appeal of the assessee is allowed for statistical purposes.
Order dictated in the open court on 27/08/2019 Order pronounced in the open court on this 04/09/2019 Sd/- Sd/- (RAM LAL NEGI) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/09/2019 KARUNA, sr.ps Copy of the Order forwarded to : The Appellant 1. The Respondent. 2. The CIT(A), Mumbai. 3. CIT 4. DR, ITAT, Mumbai 5. 6. Guard file. //True Copy//
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