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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The Assessee was a private limited company that had filed a return for A.Y. 2005-06 on 31st Oct, 2005 declaring Total Income as ‘Nil’. The said return was selected for scrutiny and assessment was completed u/s. 143(3) of the Act. The AO determined the Total Income of the assessee under normal provisions as ‘Nil’ and book profit u/s. 115JB as (–) Rs.26,71,922. This Loss included a provision for bad & doubtful debts of Rs.35, 95,508 allowed by the AO. Subsequently, the learned CIT exercised his revisionary powers u/s. 263 of the Act, holding the order passed by the AO as erroneous and prejudicial to revenue. He set aside the order of the AO with a direction to recompute the book profits after adding back provision for doubtful debts.
Held:
The revisionary power u/s. 263 can be exercised only if the CIT considers any order to be erroneous in so far as it is prejudicial to the interest of the revenue. The order passed by the AO allowing the provision for bad and doubtful debts was not erroneous and was in agreement with past Supreme Court judgments that provisions for bad and doubtful debts did not constitute a liability. Further, the clause (i) to explanation 1 to section 115JB was not on statute when the AO passed the order u/s. 143(3) as well as when the learned CIT exercised his power u/s. 263. Hence, the learned CIT did not have any ground to invoke his power u/s. 263 to enhance, modify, cancel or direct a fresh assessment.