Section 115jb: book profit

CA Bijay Shrestha (Never Give up....No matter what....)   (858 Points)

29 November 2016  

Dear Friends,

Under Section 115JB of IT Act 1961, in order to Compute Book Profit, the following is to be reduced from Profit/Loss as per Companies Act 2013:

(i) the amount of loss brought forward or unabsorbed depreciation, whichever is less as per books of account.

Explanation.—For the purposes of this clause,—

(a) the loss shall not include depreciation;

(b) the provisions of this clause shall not apply if the amount of loss brought forward or unabsorbed depreciation is nil

 

Now My queries are:

1. What is the Loss Brought Forward here ? Is it as per Sch III of Companies Act 2013 OR  as per Loss computed as per 115JB (i.e. Book Loss) ?

For Example: Suppose 1st Year, Loss as per Sch III is Rs. 1,00,000/- and Book Loss as per 115JB is Rs. 75,000/- (because of some additions and Deletions)

Now in 2nd Year, for the purpose of "Loss Brought Forward" under section 115JB, Which amount is to be taken : Rs. 1,00,000/- or Rs. 75,000/-. ??

2. For Unabsorbed Depreciation as mentioned above, Depreciation is to be computed as per Companies Act OR Income Tax Act ?

3. From following example, please advise Amount to be taken for loss brought forward or unabsorbed depreciation for Book Profit Computation u/s 115JB for FY 2015-16:

Financial Year Profit/(Loss) as per Sch III
(before Depreciation)
Depreciation as per Companies Act Total Profit/(Loss) as per Sch III
2011-12  (50,000)         25,000   75,000)
2012-13  80,000      1,00,000  (20,000)
2013-14  60,000         40,000  20,000
2014-15 (75,000)         35,000  (1,10,000)
Total  15,000      2,00,000  (1,85,000)

Please Kindly suggest.