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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

Dmc Automotive Private Limited, Tiruvallur vs. Assessing Officer, Corporate Ward, Income Tax Department, Nungambakkam

The appeal stands partly allowed for statistical purposes

ITA 792/CHNY/2022[2017-18]Status: DisposedITAT Chennai02 Nov 2022AY 2017-18

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.792/Chny/2022 (िनधा0रण वष0 / Assessment Year: 2017-18) M/S. Dmc Automotive Private Ltd. The Assessing Officer बनाम/ No.5, Othappai Village, Uthukottai Taluk Corporate Ward-1(4) Vs. Odappai B.O, Poondi, Tiruvallur-602 023. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccd-4671-P (अपीलाथ /Appellant) : (#$थ / Respondent) अपीलाथ कीओरसे/ Appellant By : Shri Govindarajan (Ca) – Ld. Ar #$थ कीओरसे/Respondent By : Shri Arv Sreenivasan – (Addl. Cit) – Ld. Dr सुनवाईकीतारीख/ : 26-10-2022 Date Of Hearing घोषणाकीतारीख / : 02-11-2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal ():

For Appellant: Shri Govindarajan (CA) – Ld. ARFor Respondent: Shri ARV Sreenivasan – (Addl. CIT) – Ld. DR
Section 115JSection 143(3)Section 2(24)(x)Section 36(1)(va)Section 43B

made disallowance u/s 36(1)(va) for Rs.14.39 Lacs and reduced the loss declared by the assessee. The said adjustment was made while computing Book Profits u/s 115JB also. The Ld. CIT(A) confirmed the disallowance. Regarding 115JB, Ld. CIT(A) observed that no such disallowance has been made ... stand confirmed. The corresponding grounds stands dismissed. 4. The Ld. AR submitted that such a disallowance should not be added while computing Book Profits u/s 115JB. We find that as per provisions of Sec.2(24)(x), the contribution so received by assessee from its employees would become its income

M/S. India Pistons Ltd., Chennai vs. ACIT, CC - 2(3), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3389/CHNY/2019[1999-2000]Status: DisposedITAT Chennai31 Oct 2022AY 1999-2000

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 3389/Chny/2019 िनधा"रण वष"/Assessment Year: 1999-2000 India Pistons Ltd., The Acit, Huzur Gardens, Sembium, Vs. Corporate Circle-2(3), Perambur, Chennai Chennai – 600 011. Pan: Aaaci 1439E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Vikram Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 31.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 31.10.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-6, Chennai, In Ita No.79/Cit(A)-6/2009-10 Dated 19.09.2019. The Assessment Was Framed By The Acit, Company Circle-Ii(3), Chennai For The Assessment Year 1999-2000 U/S.143(3) R.W.S. 263 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 11.12.2009. 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Disallowing The Pre- Operative Expenses Of Existing Business Claimed In Respect Of Expansion Of Existing Business At Sengundram, Chennai. For This, Assessee Has Raised Following Ground:- “Rejecting The Entire Claim Of Pre Operative Expenses Of Rs.2,89,03,774/- In Respect Of The Expansion Of The Existing Business At Sengundram, Chennai & Granting Deduction U/S.35D At 5%”

For Appellant: Shri Vikram Vijayaraghavan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 115JSection 143(3)Section 35DSection 80I

assessee’s appeal is allowed for statistical purposes. 5. The next issue in this appeal of assessee is as regards to the assessment of book profit and increase by an amount of Rs.54,61,636/- being the amount of sale adjusted against the pre- operative expenses capitalized in the books ... accounts. For this, assessee has raised following ground:- “Book profit should be increased by an amount of Rs.54,61,636/- being the amount of sales adjusted against preoperative expenses capitalized in the books of accounts, for computing the book profits for the purpose of Section 115JA