Section 115JA of the Income Tax Act

The decision most relied on for Section 115JA is ACG Associated Capsules (P) Ltd. v. CIT (343 ITR 89), cited in 144 of the 209 judgments on BharatTax that turn on this section.

Leading authorities on Section 115JA

ACG Associated Capsules (P) Ltd. v. CIT
343 ITR 89 · 2012 · Supreme Court
144
citing judgments

For calculation of deduction under Section 80HHC, if total interest is netted off after adjusting interest paid and received, the 90% reduction specified in Explanation (baa) is not applicable.

Topman Exports v. CIT
342 ITR 49 · 2012 · Supreme Court
121
citing judgments

Export incentives, such as DEPB (Duty Entitlement Pass Book) and advance license benefits, constitute income taxable on an accrual basis under Section 28 of the Income-tax Act. Profit arising on the transfer of DEPB is not eligible for deduction under Section 80HHC.

CIT v. HCL Comnet Systems & Services Ltd.
305 ITR 409 · 2008 · Supreme Court
118
citing judgments

For computing book profits under Section 115JB, an Assessing Officer's power is limited to examining duly certified books and making adjustments only as per the Explanation. A provision for bad and doubtful debts, being a diminution in the value of an asset (receivable), does not constitute a 'provision for liability' under Clause (c) of the Explanation and therefore cannot be added back.

CIT v. Veekay Lal Investments Co. Pvt. Ltd.
249 ITR 597 · 2001 · High Court
99
citing judgments

Book profits under Section 115JB must include income by way of capital gains, similar to how total income is calculated under Section 45.

ACIT v. Sh. Ramesh Kumar Mantri
64 Taxmann.com 34 · 2015 · Supreme Court
77
citing judgments

Leave to appeal was granted by the Supreme Court in this case. The case concerns reassessment proceedings following a search.

Commissioner of Income Tax, Madras v. Ponni Sugars and Chemicals Ltd.
9 SCC 337 · 2008 · Reported
48
citing judgments

The classification of a government subsidy as either a revenue or capital receipt depends on its object and purpose. If the subsidy is given to enable the assessee to set up a new unit or expand an existing one, it is a capital receipt; if it is to meet recurring expenses, it is a revenue receipt.

JCIT v. Rolta India Ltd.
330 ITR 470 · 2011 · Supreme Court
44
citing judgments

Interest under sections 234B and 234C is leviable for failure to pay advance tax, even when the income tax is ultimately computed under Minimum Alternate Tax (MAT) provisions, specifically sections 115JA or 115JB. This ruling clarified the law, overturning previous interpretations.

LAWS(DLH) 2015 4 47: AJANTA MERCHANTS PVT. LTD. v. DIRECTORATE OF ENFORCEMENT
3 SCC 151 · 1989 · Reported
39
citing judgments

Courts cannot substitute their own views for those of the Directorate of Enforcement when assessing whether actions were taken arbitrarily or without jurisdiction. The court must consider the substance of the matter, not just the form.

18.07. 2017. 2. CIT v. Akshay Textile Trading & Agencies Pvt Ltd.
304 ITR 401 · 2008 · High Court
37
citing judgments

Exempt capital gains must be considered when computing book profits under Section 115JB. Book profits cannot be arbitrarily adjusted.

Rain Commodities Ltd. v. Dy. CIT
40 SOT 265 · 2010 · ITAT
35
citing judgments

Transfer pricing adjustments cannot be added back to book profits under section 115JB of the Income-tax Act, as they are not among the permissible adjustments listed in Explanation I to section 115JB(2). Exempt capital gains must be considered when computing book profits under section 115JB.

Judgments on Section 115JA

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

M/S. Metrochem Industriesltd., Ahmedabad vs. The ACIT., (OSD)-I, Range-4, Ahmedabad

In the result, the appeals of Revenue and appeals/cross objection of the assessee allowed/ dismissed as under:

ITA 606/AHD/2011[2006-07]Status: DisposedITAT Mumbai31 Mar 2022AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-1999 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income 505-506, While House, Panchwati, Vs. Tax, Circle-4, Ahmedabad-380 006. 112, 1St Floor, Avjivan Trust Bldg. Ashram Road, Ahmedabad-14. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 Metrochem Industries Ltd., The Income Tax Officer Ward 4(2), 505/506, Suryarath, Nr. Vs. Ahmedabad. Panchvati Ellisbridge, Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 The Acit, Cir-4, Ahmedabad, Metrochem Industries Ltd., Navjivan Trust Bldg. Off. Ashram Vs. 505/506, Suryarath, Nr. Panchvati Road, Ellisbridge, Ahmedabad. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent M/S Metrochem Industries Ltd., Assessment Year: 2003-04 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income Tax, 505-506, Surya Rath, Nr. Vs. Circle-4, Panchwati, Ellisbridge, Ahmedabad. Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2003-04 Dy. Commissioner Of Income Tax, M/S Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath, Nr. Navjivan Trust Bldg. Off. Ashram Panchwati, Ellisbridge, Road, Ahmedabad-380 006. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2004-05 Dy. Commissioner Of Income Tax Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath Building, B/H, Navjeevan Building Ashram Road, White House, Panchwati, Ahmedabad. Ambawati, Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Co No. 50/Ahd/2008 (Ita No. 87/Ahd/2008) Assessment Year: 2004-05 Metrochem Industries Ltd., Dy. Commissioner Of Income Tax 505-506, Surya Rath Building, Vs. Circle-4, B/H, White House, Panchwati Navjeevan Building Ashram Road, Ellisbridge, Ahmedabad. Ahmedabad-06 Pan No. Aabcm 8019 K

Section 115JSection 244ASection 245Section 80H