BANK OF INDIA,MUMBAI vs. DCIT 2(1), MUMBAI
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order regarding Section 115JB, holding it not applicable. For the interest refund issue, the Tribunal restored the matter to the AO for fresh examination.
What were the facts?
The assessee challenged the AO's decision to compute total income under Section 115JB after the total income became negative. The assessee also contested the adjustment of refunds granted against tax and interest due.
What were the issues?
Applicability of Section 115JB when total income is negative and the correct method for adjusting refunds against tax and interest.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- India Trade Promotion Organisation v. CIT54 citing361 ITR 646 · 2014 · HC · Read judgment
Income Tax Appellate Tribunal, “B” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)& Ramlal Negi (JM)
O R D E R Per B.R. Baskaran (AM) :-
The appeal filed by the assessee is directed against the order dated 19- 02-2013 passed by Ld CIT(A)-4, Mumbai and it relates to the assessment year 2005-06.
This appeal has been preferred by the assessee before the Ld CIT(A) against the order passed by the AO to give effect to the order passed by the first appellate authority. After giving effect, the total income became a negative figure and hence the AO assessed the total income by adopting book profit computed u/s 115JB of the Act. The Ld CIT(A) confirmed the same by following his order passed in the first round of proceedings. Aggrieved, the assessee has challenged the order passed by Ld CIT(A) on this issue.
2 Bank of India
The Ld A.R submitted that this issue has been decided in favour of the assessee in AY 2006-07, wherein the Tribunal has followed the decision rendered in the assessee’s own case in relating to AY 2001-02. Accordingly he prayed that this issue may be decided in accordance with the decision taken by the co-ordinate benches.
We heard Ld D.R and perused the record. Consistent with the view taken in AY 2006-07, we set aside the order passed by Ld CIT(A) on this issue and hold that the provisions of sec. 115JB shall not be applicable for both the years under consideration.
The next issue contested by the assessee relates to the granting of interest u/s 244A of the Act. The Ld A.R submitted that the assessee has been receiving refunds upon passing of orders by the appellate authorities or upon passing of orders u/s 154 of the Act. The Ld A.R submitted that the AO has made adjustment of refund (consisting of tax and interest) already granted against the refund of tax due in each of the successive orders. The Ld A.R submitted that the entire amount of refund (both tax and interest) granted should be first adjusted against the interest portion that has become due and then the remaining amount, if any, should be adjusted against the tax portion of the refund that has become due. In support of his contentions, the Ld A.R placed reliance on the decision rendered by the Tribunal in the assessee’s own case in to 5446/Mum/2013 dated 22.12.2014 and also the decision rendered by the Tribunal in the case of Union Bank of India (ITA No.571 & 574/Mum/2013 dated 23.6.2014).
We heard the parties on this issue. Since it is matter involving computation of eligible amount of interest u/s 244A of the Act, we are of the view that this issue requires fresh examination at the end of the AO. In the decisions relied
3 Bank of India upon by the assessee, the Tribunal has followed the decision rendered by Hon’ble Delhi High Court in the case of India Trade Promotion Organisation Vs. CIT (361 ITR 646) and accordingly given direction to the AO to follow the said decision. Consisted with the view taken by the Tribunal, we restore this issue to his file with the direction to examine this issue afresh by following the decision rendered in the case of India Trade Promotion organisation (supra).
In the result, the appeal filed by the assessee is treated as allowed. Order has been pronounced in the Court on 3.8.2016
More judgments on Section 115JB
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Digjam Limited, Jamnagar vs The Principal Commissioner of Income Tax…ITA 349/RJT/2025[2021-22]Status: Disposed12 Oct 2026AY 2021-22
- Braithwaite & Co. Ltd., Kolkata vs DCIT, Circle 1(1), KolkataITA 1076/KOL/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs Vijay M. Mistry Construction Private…ITA 964/AHD/2025[2018-19]Status: Disposed6 Oct 2026AY 2018-19
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur… vs Vijay M. Mistry Construction Private…ITA 963/AHD/2025[2017-18]Status: Disposed6 Oct 2026AY 2017-18
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