Tuesday, 27 December 2016

ITAT : Allows indexation benefit on long-term capital gains for working MAT liability u/s 115JB

Bangalore ITAT allows assessee’s (a Government undertaking) appeal for AY 2008-09, holds that long term capital gains (‘LTCG’) arrived at by reducing indexed cost of acquisition from asset’s sale proceeds to be considered for computing MAT liability u/s 115JB;  Observes that clause (ii) to Explanation to Sec. 115JB provides that amount of income u/s 10 [other than provisions of Sec. 10(38)/ 11/ 12], credited to P&L a/c shall be reduced from book profits for MAT computation; Further observes that the term 'any income’ used in Sec. 10(38) refers to only the amount of LTCG as computed u/s 48 which provides for computation of capital gains after the reduction of cost of acquisition; Thus rules that the “benefit of indexation of cost of acquisition should be given to the assessee while computing long term capital gain for the purpose of section 115J8 of the Act”, relies on SC ruling in Ajantha Pharma  and coordinate bench ruling in M.S.R & Sons Investments Ltd.; Separately on noting that the assessee was set-up for infrastructure development allows contribution to Chief Minister's Relief Fund (towards development and reconstruction of infrastructure facility in Karnataka) as business expenditure u/s 37 , relies on SC ruling in Sri Venkata Satyanarayana Rice Mill Contractors Co. in this regard:ITAT 

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