Wednesday, 18 November 2015

Dept Acts On High Court Directives + ESOP Expenditure Allowable + ITAT Takes Contra View On S. 115JB


CIT vs. Lemon Tree Hotels Ltd (Delhi High Court)


S. 37(1): Cost of Employees Stock Option (ESOP) debited to P&L A/c is allowable business expenditure

The question sought to be projected by the Revenue is whether the ITAT erred in deleting the addition of Rs. 1,28,19,169/- made by the Assessing Officer (‘AO’) by way of disallowance of the expenses debited as cost of Employees Stock Option (‘ESOP’) in profit and loss account?

 

B & B Infotech Ltd vs. ITO (ITAT Bangalore)


S. 115JB: Even a non-taxable capital receipt credited to the P&L A/c cannot be excluded while computing the book profits. The fact that the notes to the A/cs state that the receipt is on capital account is irrelevant. Shivalik Venture distinguished

The decisions relied upon by the assessee are applicable on the facts and circumstances where if an item of income or expenditure which is required to be disclosed in the P&L A/c prepared as per provisions of Schedule VI of the Companies Act but instead of disclosing the said item in the P&L A/c, it was disclosed in the Notes to the accounts, then such item of income or expenditure will be treated as part of the P&L A/c for the purpose of computing book profits u/s 115JB. Once P&L A/c is admittedly prepared as per Schedule VI of the Companies Act, then neither the AO has any power to tinker with it nor the assessee is permitted to claim exclusion or inclusion of any item of income or expenditure as the case may be, for the purpose of computing book profits u/s 115JB except the permissible adjustment provided under the Explanation to sec. 115JB of the Act itself

 

Dept Complies With High Court Directives & Sets Out Detailed Procedure For Filing Appeals and Effective Representation In the Delhi High Court


In National Petroleum Construction Company Vs. DIT in ITA Nos. 143, 144, 533/2013 and 795/2014, the Delhi High Court in its order dt. 13.08.2015, dt. 20.08.2015 and 28.09.2015 directed the Income Tax Department to formulate and implement a standard operating procedure on the following three issues:

(i) Issue No.1:- A mechanism should be put in place for immediate and seamless transfer of cases from one standing counsel to another so that unnecessary adjournments are not sought by the counsels on the ground of lack of formal order of allocation, want of instructions or papers. The lTD to ensure that in none of the matters there is a situation where (a) there is no one appearing for the lTD (b) even if they are, they have neither instructions nor papers. It will be responsibility of the lTD to ensure that the standing counsel who have been assigned the cases have the complete records. It should not be an excuse for Standing Counsel of the lTD to take adjournment on the ground that they have no instructions or that they do not have the case papers.

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