115jb - adjustment to book profits

Tax queries 1299 views 7 replies

Dear All,

115JB requires adjustment of Loss Brought forward or un absorbed depreciation which ever is lower.

For Eg:

Year 1: Business Loss:50L & Unabsorbed Dep:25L Total Loss:75 L

Year 2: Profit 5L (Assessee adjusted 5 L profit against Unabsorbed depreciation as it is lower for MAT Calculation)

Year 3: Profit 10 L... Now How much is the brought farward business Loss & how much is Unabsorbed depreciation?

Replies (7)
Unabsorbed dep. Of Rs. 10 lacd

50 for business loss and 15 for unabsorbed deprecn...

 

i think 10 for unabs dep as profit of rs.15 will be adjusted..

In Year 3
Profit is 10 Lakh 
Unabsorbed depreciation is 20 Lakh
Business Loss is 50 Lakh 
Whichever is lower is to be adjusted in P&L for computing book profit as per 115jb. So in our case the unabsored depreciation i.e. 20lakh
so your book profit will be nil (10-10) 
and unabsorbed depreciation available for
 set off is 10 lakh & B/f losses is 50 lakh

I think mr.parthamesh is correct

We have adjusted 5 lakhs in Year-2 as per 115JB not as per companes act right?

My question is if a company had profits in year after continous losses, whether that profit shall be adjusted against Business loss or un absorbed depreciation?

Will your answer is different if in year-1 Business loss is 25 and unabsorbed depreciation is 50?

Yes
Then in ur recent example in 2 nd year  profit should be adjusted from the unabsorbed business loss which is 25 lakh as business loss is less than depreciation
Then in third year u need to again compare the unbosrbed business loss & depreciation whichever is lower in ur case it is business loss i.e. 20 lakh . So profit will be (10-10) Nil. 
and for the subsequent PY the business losses availabe to u will be 10 lakh & Unabsorbed Depreciation will be 50 lakh

 


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