Section 115JB of Income Tax Act introduced for companies to resolve the problem of huge difference in profits shown in books of Accounts and profit for Income Tax Purpose.
Sometimes
companies paid nil or very less tax because of claiming certain exemptions and
deductions. But actual companies are making huge profits.
So,
the Government introduces section 115JB
in which companies have to pay “Minimum
Alternate Tax” on certain conditions.
In the following we have explained in detail about Minimum Alternate Tax under section 115JB:
What is Section 115JB of Income Tax Act?
Section 115JB of Income tax Act,
introduces a concept of Minimum Alternate Tax (MAT) for those companies who
show higher profits in books of accounts.
But
for Income tax purposes companies reduce their higher profits into very low
profits by taking advantage of various exemptions and deductions and ultimately
pay low tax.
Under
this section companies have to pay a fixed percentage of book profits as Minimum Alternate Tax (MAT),
irrespective of the fact that their income as per Income Tax provision is less.
Section
115JB is applicable for all companies including foreign companies.
How to calculate Minimum Alternate Tax (MAT) under Section 115JB?
As
per Section 115JB, companies have to
pay a fixed percentage of book profit as Minimum Alternate Tax (plus surcharges
and cess as applicable).
MAT Tax rate @15% is applicable
w.e.f. AY 2020-21 (@18.5% before AY 2020-21)
Companies
have to pay tax, higher of the following two:-
- Tax as per normal provisions of
income tax (i.e. by applying tax rate of 30% (25% in case turnover is
upto Rs. 400 crores) plus cess after claiming various exemptions and
deductions)
- Tax as per MAT provision (i.e.
Flat tax rate of 15% on book profits plus cess)
Book
profit is the profits calculated as per MAT provisions under Section 115JB by
giving effect with some additions or deductions from net profit. It will be
discussed in detail later in the article.
Example
ABC
Ltd shows profit as per Income Tax provision of Rs. 40 Lacs but after checking
of books of account by CA as per MAT under section 115JB its book profits
increase to Rs. 90 Lacs.
Then
the company has to pay higher of the following:
Tax as per normal provision of
income tax
Rs.
40 Lacs * 30% = Rs. 12 Lacs
Rs.
12 Lacs + 4% cess = Rs. 12.48 Lacs
Tax as per MAT provisions
Book
Profit * 15%
Rs.
90 Lacs * 15% = Rs. 13.50 Lacs
Rs.
13.50 Lacs + 4% cess = Rs. 14.04 Lacs
So
higher of the above two is Rs. 14.04. Therefore ABC ltd has to pay tax of Rs.
14.04.
What is the meaning of book profits under section 115JB?
Minimum Alternate Tax (MAT) is a
percentage of book profit, which a company has to pay if tax as per book profit
is higher than tax computed as per normal income tax provisions.
For
the purpose of computing MAT, you need to know how to compute book profits
which are explained in the following paragraphs.
What are the
items to be added while calculating Book Profits under Section 115JB?
Following
are some items which you have to add to the net profit as per profit and loss
A/c. Items to be added only if that item is debited in profit and loss A/c. If
items are not debited then no need to add such items to net profit.
Items to be added to net
profits
- Any reserve created (other than related to shipping business under Section 33AC) and any revaluation reserve related to revalued assets.
- Any amount standing in revaluation reserve related to revalued asset, if not credited to profit and Loss A/c.
- Expenditure related to exempt income under section 10 (except covered under section 10(38))
- Dividend paid or proposed dividend.
- Depreciation as per tax provisions.
- Income tax paid or payable should be added (except any income tax penalty, wealth tax penalty, in any other laws along with interest thereon)
- Provision of income tax.
- Any deferred tax or provision thereof.
- Provision for loss of subsidiaries and any provision for diminution of asset (e.g. provision for bad debts) and other provisions for unascertained liabilities if any (except provision related to scientific purpose)
- Expenditure on income accruing or arising to foreign companies from capital gain arising on transactions in securities, or Interest, royalty or fees for technical services.
- Any expenditure on income arises by way of royalty in respect of patents chargeable to tax under section 115BBF.
What are the
items to be deducted while calculating book profit under Section 115JB?
For
computing book profit under Minimum Alternate Tax, following items should be
deducted from net profit, if the same is credited to profit and Loss Account.
If following items are not credited to profit and Loss A/c then there is no
need to deduct such amount from net profit.
Items to be deducted from net
profits
- Income covered under section 10 (except under section 10(38)), section 11 or section 12.
- Any withdrawal from reserve or provisions
- Any amount withdraws from revaluation reserve and credited to profit and loss account to the extent of depreciation for the purpose of revaluation of asset.
- Deferred tax
- Brought forward loss or unabsorbed depreciation whichever is less must be deducted.
- Income accruing or arising to foreign companies from capital gains arising on transaction of securities, or Interest, royalty or fees for technical services.
- Income arises by way of royalty in respect of parents chargeable to tax under section 115BBF.
- Depreciation should be deducted from net profit (excluding depreciation on revaluation of asset.
What is MAT credit under section 115JAA of Income Tax?
Under section 115JAA, MAT
credit means a credit which the company can claim from the payment of excess
MAT tax deposited in earlier years over the normal tax provision.
If
a company pays tax as per MAT rate then excess tax paid over tax as per normal
provision of tax is considered as MAT credit.
Example
In
the earlier example tax as per normal provision of tax is Rs. 12.48 Lacs and
tax as per MAT provision is Rs. 14.04 Lacs.
So
ABC ltd has to pay tax higher of the above i.e. Rs. 14.04 Lacs.
Now
excess tax paid Rs. 1.56 Lac (14.04 Lac - 12.48 Lac) is considered as MAT
credit.
Now
suppose, in the next F.Y. ABC ltd Tax as per normal provision of tax is Rs. 2
Lac and as per MAT is Rs. 1 Lac. ABC ltd is liable to pay Rs. 2 Lac (i.e. as
per normal provision).
Now
in this case, MAT credit can be utilized and ABC ltd have to pay tax only Rs.
0.44 Lac (Rs. 2 Lac – Rs. 1.56 Lac).
Important Point to be noted:
- No interest is received on MAT credit from government
- MAT credit can be carried forward for 15 assessment years immediately succeeding the assessment years in which such credit becomes allowable.
- MAT credit should be allowed to claim only in the year in which company becomes liable to pay tax as per normal tax provision (in case when tax as per normal provision is higher than MAT provision)
- Interest under section 234A, 234B and 234C is continued to be applicable in case of MAT.
- Company shall take report from the Chartered Accountant in form-29B. In this report, CA certifies books profit computed in accordance with provision of section 115JB and furnishes such report along with filing of ITR.
Summary
Section 115JB of Income Tax Act prescribes the flat rate of tax @15% under “Minimum Alternate Tax- MAT” which every company has to pay if the same tax is higher than tax computed as per normal provision of income tax.
In such a way this section resolves the issue related to difference in income computed as per income tax purpose and income shown in books.