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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

Bhupati Investments & Finance P.Ltd, Mumbai vs. ITO 5(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1134/MUM/2022[2017-18]Status: DisposedITAT Mumbai17 Oct 2022AY 2017-18

Bench: Shri Aby T Varkey & Shri Amarjit Singhm/S Bhupati Investments Vs. Pr. Commissioner Of & Finance Pvt. Ltd. Income Tax-6 B-34/35, 3Rd Floor, 501, 5Th Floor, Aayakar Paragon Condominium, Bhavan, Maharishi Karve Pandurang Budhkar Road, Marg, Worli, Mumbai - 400020 Mumbai – 400013 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacb0441P Appellant .. Respondent Appellant By : Aarti Vissanji Respondent By : Ajay Chandra Date Of Hearing 11.10.2022 Date Of Pronouncement 17.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Pr. Cit-6, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Principal Commissioner Of Income-Tax (Pr. Cit) Erred In Passing An Order U/S 263 & Directing The Assessing Officer To Modify The Order Dated 16/12/2019 Passed U/S 143(3) Of Income Tax Act, 1961. Your Appellants Submit That The Order Of The Pr. Cit Is Illegal, Bad In Law & Void & The Same Ought To Be Quashed.

For Appellant: Aarti VissanjiFor Respondent: Ajay Chandra
Section 115JSection 143(3)Section 14ASection 263

assessing the total income at Rs.nil under the normal provision of the Act and Rs.14,57,824/- u/s 115JB of the Act. The book profit was determined at Rs.14,53,824/- after making disallowance of Rs.15,03,383/- and Rs.9,53,542/- on account of profit on sale of investment ... r.w.rule 8D of the I.T. Rule and made not further addition. The ld. Counsel had also submitted that the A.O has computed the book profit u/s 115JB to the amount of Rs.14,53,824/- after adding the amount disallowed u/s 14A of Rs.9,59,846/-. The ld. Counsel also submitted