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“book profits”

Special Rate ProvisionsSection 115JBSection 115JB1,713 judgments

The decision most relied on for book profits is Godrej & Boyce Mfg. Co. Ltd. v. DCIT (328 ITR 81), cited in 1,183 judgments on BharatTax.

Leading authorities on book profits

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

ACIT v. Vireet Investment Pvt. Ltd.
165 ITD 27 · 2017 · ITAT
882
citing judgments

No disallowance under section 14A can be made while computing book profits under section 115JB unless the expenditure is debited to the profit and loss account and satisfies clause (f) of Explanation 1 to section 115JB(2).

Joint Investments Pvt. Ltd. v. CIT
372 ITR 694 · 2015 · High Court
803
citing judgments

Disallowance under section 14A of the Income Tax Act cannot exceed the actual amount of exempt income earned by the assessee. This principle also applies when computing book profits under section 115JB.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

Apollo Tyres Ltd. v. CIT
255 ITR 273 · 2002 · Supreme Court
657
citing judgments

For the purpose of computing book profits under Section 115J, arrears of depreciation, including those arising from assets working extra shifts, are a necessary charge on profits if debited to the profit and loss account and are allowable as such.

Kedarnath Jute Mfg. Co. Ltd. v. CIT
82 ITR 363 · 1971 · Supreme Court
654
citing judgments

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

Judgments citing book profits

Star Health and Allied Insurance Co. Ltd., Chennai vs. ACIT, NFAC, Delhi

The appeal stands dismissed

ITA 1552/CHNY/2024[2018-19]Status: DisposedITAT Chennai03 Sept 2024AY 2018-19

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1552/Chny/2024 (िनधा*रणवष* / Assessment Year: 2018-19) M/S Star Health & Allied Insurance Pr.Cit Company Limited Chennai-3. बनाम/ #148, Acropolis, Vs. Dr. Radha Krishnan Salai, Mylapore, Chennai-600 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajcs-4517-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri P.S. Prabhakar (Ca) - Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 22-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-09-2024 आदेश / O R D E R

For Appellant: Shri P.S. Prabhakar (CA) - Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) - Ld. DR
Section 115JSection 143(3)Section 147Section 263

details. 6. For that the PCIT has erred in directing the to examine again the Unexpired Reserve Risk for the purpose of computation of book profit u/s 115JB of the Income-tax Act, which is correctly accepted by Assessing officer. 2. The Ld. AR advanced arguments assailing the impugned revision ... Explanation-1 to Sec.115JB, the amount carried to any reserves, by whatever name called, was required to be added back to the Book-Profits which was not done. The Ld. AO did not make any enquiry in this regard. Accordingly, the assessee was show-caused. 5. The assessee assailed

M/S International Seaport Dredging Private Limited, Chennai vs. DCIT, Corporate Circle-2(2), Chennai

The appeal stand allowed

ITA 1284/CHNY/2023[2016-17]Status: DisposedITAT Chennai03 Sept 2024AY 2016-17

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1284/Chny/2023 (िनधा*रणवष* / Assessment Year: 2016-17) M/S. International Seaport Dredging Dcit Private Limited Corporate Circle-2(2), P.No. 2C, 1St Floor, Ocean Square Chennai-34. बनाम/ South Phase, Thiru Vi Ka Industrial Vs. Estate, Ekkattuthangal Guindy Industrial Estate, Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabci-2286-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ashik Shah (Ca)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-09-2024 आदेश / O R D E R

For Appellant: Shri Ashik Shah (CA)-Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. Sr. DR
Section 115JSection 143(3)Section 37

course of assessment proceedings and accordingly, the same were disallowed by Ld. AO while computing income under normal provisions as well as while computing Book Profits u/s 115JB. Appellate Proceedings 4.1 During appellate proceedings, the assessee submitted that the losses have been claimed as per Accounting Standard ... character of expenditure either u/s 28 or u/s 37 of the IT Act, 1961. The same also needs to be added to the book profits of the assessee for MAT purposes. Accordingly, the disallowance was confirmed against which the assessee is in further appeal before us. Our findings and Adjudication