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COMPLIANT COMPANIES
AUTHOR :AFJAHANGIR
https://taxguru.in/income-tax/guide-minimum-alternate-tax-mat-ind-as-compliant-companies.html
CA Ahmad Faraz*
CA Ahmad Faraz Jahangir has examined the amended provisions of MAT under 115JB of Income Tax
Act, 1961, as applicable to Companies following Ind AS for preparation of their Financial Statements.
Illustrations have been given for a better clarity on practical application the provisions.
Introduction:
The Finance Act 2017 amended section 115JB of Income Tax Act, 1961 to rationalise the calculation of Book
Profits for Companies that prepare their financial statements in accordance with Companies (Indian Accounting
Standards) Rules, 2015 (hereinafter referred to as “Ind AS Compliant Companies”). Further, CBDT vide
Circular No. 24/2017 dated 25/07/2017 [F. No 133/23/2015-TPL] issued a FAQ titled Clarifications on
computation of book profit for the purposes of levy of Minimum Alternate Tax (MAT) under section 115JB of the
Income-tax Act, 1961 for Indian Accounting Standards (Ind AS) compliant companies where it answered 14
questions.
Sub section 2A, 2B and 2C of section 115JB highlight the extra exercise to be undertaken by an Ind AS
Compliant Company while calculating its book profits for the purpose of MAT. These provisions have been
reproduced below –
(2A) For a company whose financial statements are drawn up in compliance to the Indian Accounting Standards
specified in Annexure to the Companies (Indian Accounting Standards) Rules, 2015, the book profit as
computed in accordance with Explanation 1 to sub-section (2) shall be further—
a) increased by all amounts credited to other comprehensive income in the statement of profit and loss
under the head “Items that will not be re-classified to profit or loss”;
b) decreased by all amounts debited to other comprehensive income in the statement of profit and loss
under the head “Items that will not be re-classified to profit or loss”;
c) increased by amounts or aggregate of the amounts debited to the statement of profit and loss on
distribution of non-cash assets to shareholders in a demerger in accordance with Appendix A of the Indian
Accounting Standards 10;
d) decreased by all amounts or aggregate of the amounts credited to the statement of profit and loss on
distribution of non-cash assets to shareholders in a demerger in accordance with Appendix A of the Indian
Accounting Standards 10:
Provided that nothing contained in clause (a) or clause (b) shall apply to the amount credited or debited to other
comprehensive income under the head “Items that will not be re-classified to profit or loss” in respect of—
i. revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian
Accounting Standards 38; or
ii. gains or losses from investments in equity instruments designated at fair value through other
comprehensive income in accordance with the Indian Accounting Standards 109:
Provided further that the book profit of the previous year in which the asset or investment referred to in the first
proviso is retired, disposed, realised or otherwise transferred shall be increased or decreased, as the case may
be, by the amount or the aggregate of the amounts referred to in the first proviso for the previous year or any of
the preceding previous years and relatable to such asset or investment.
(2B) In the case of a resulting company, where the property and the liabilities of the undertaking or
undertakings being received by it are recorded at values different from values appearing in the books of account
of the demerged company immediately before the demerger, any change in such value shall be ignored for the
purpose of computation of book profit of the resulting company under this section.
(2C) For a company referred to in sub-section (2A), the book profit of the year of convergence and each of the
following four previous years, shall be further increased or decreased, as the case may be, by one-fifth of the
transition amount:
Provided that the book profit of the previous year in which the asset or investment referred to in sub-clauses (B)
to (E) of clause (iii) of the Explanation is retired, disposed, realised or otherwise transferred, shall be increased
or decreased, as the case may be, by the amount or the aggregate of the amounts referred to in the said sub-
clauses relatable to such asset or investment:
Provided further that the book profit of the previous year in which the foreign operation referred to in sub-
clause (F) of clause (iii) of the Explanation is disposed or otherwise transferred, shall be increased or
decreased, as the case may be, by the amount or the aggregate of the amounts referred to in the said sub-clause
relatable to such foreign operations.
i. “year of convergence” means the previous year within which the convergence date falls;
ii. “convergence date” means the first day of the first Indian Accounting Standards reporting period as
defined in the Indian Accounting Standards 101;
iii. “transition amount” means the amount or the aggregate of the amounts adjusted in the other equity
(excluding capital reserve and securities premium reserve) on the convergence date but not including the
following—
A. amount or aggregate of the amounts adjusted in the other comprehensive income on the
convergence date which shall be subsequently re-classified to the profit or loss;
B. revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian
Accounting Standards 38 adjusted on the convergence date;
C. gains or losses from investments in equity instruments designated at fair value through other
comprehensive income in accordance with the Indian Accounting Standards 109 adjusted on the
convergence date;
D. adjustments relating to items of property, plant and equipment and intangible assets recorded at
fair value as deemed cost in accordance with paragraphs D5 and D7 of the Indian Accounting
Standards 101 on the convergence date;
E. adjustments relating to investments in subsidiaries, joint ventures and associates recorded at fair
value as deemed cost in accordance with paragraph D15 of the Indian Accounting Standards 101
on the convergence date; and
To understand the computation of MAT for Ind AS Complaint Companies, one must know what a Statement of
Profit & Loss of Ind AS Compliant Company looks like. The format has been taken from Division II of Schedule
III to Companies Act 2013.
Purchases of Stock-in-Trade
Changes in inventories of finished goods, Stock-in -
Trade and work-in-progress
Employee benefits expense
Finance costs
Depreciation and amortization expenses
Other expenses
Total Expenses (IV)
V Profit/(loss) before exceptional items and tax (I – IV)
VI Exceptional Items
VII Profit/ (loss) before exceptions items and tax (V – VI)
Tax expense:
(1) Basic
XVI
(2) Diluted
(2) Diluted
Earning per equity share (for discontinued &
continuing operation)
(2) Diluted
Other Comprehensive Income (OCI) shall be classified into –
iv. Fair value changes relating to own credit risk of financial liabilities designated at fair value through
profit or loss;
v. Share of Other Comprehensive Income in Associates and Joint Ventures, to the extent not to be
classified into profit or loss; and
iii. The effective portion of gains and loss on hedging instruments in a cash flow hedge;
iv. Share of other comprehensive lncome in Associates and Joint Ventures, to the extent to be classified
into profit or loss; and
Explanation of Provisions:
The starting point for computation of book profits shall be the Profit/Loss for the period [Item VIII of Statement
of Profit & Loss] and not Total Comprehensive Income for the period [Item XV of Statement of Profit & Loss].
There was a lot of confusion regarding this since the provisions remain silent on this issue. This has now been
clarified by CBDT via the FAQ released.
Explanation 1 to Section 115JB(2) states the adjustment to be made to book profits for all companies. Once these
adjustments are made, extra adjustments are to be made to book profits of Ind AS Compliant Companies in
accordance with sub-section 2A, 2B and 2C of section 115JB:
Note 1:
For MAT calculation, items of Other Comprehensive Income (OCI) under heading “Items that will not be
reclassified to profit or loss” have only been considered since these are permanently recorded in reserves and
will never be transferred to regular profit & loss.
Items under heading “Items that will be reclassified to profit or loss” will automatically be included for MAT
calculation as and when they are reclassified as profit & loss in accordance with relevant Ind AS since they will
not meet the condition of clause (i) of Explanation 1 of 115JB(2).
Clause (c) and (d) of section 115(2A) and section 115(2B) have to be read in conjunction to understand the
calculation of MAT in a scheme of demerger of companies that are following Ind AS. Para 11 of Appendix A to
Ind AS 10 provides that any distributions of non-cash assets to shareholders (for example, in case of a demerger)
shall be accounted for at fair value of the assets. As per para 14, difference between the carrying amount of the
assets in books and the fair value of the assets to be distributed, is recorded in the profit and loss account.
Correspondingly, the reserves are debited at fair value to record the distribution as a ‘deemed dividend’ to the
shareholders. As there is a corresponding adjustment in retained earnings, this difference arising on demerger
shall be excluded from the book profits.
As per 115(2B), in the case of a resulting company, where the property and the liabilities of the undertaking or
undertakings being received by it are recorded at values different from values appearing in the books of account
of the demerged company immediately before the demerger, any change in such value shall be ignored for the
purpose of computing of book profit of the resulting company.
Example: Company X Ltd. is undergoing a scheme of demerge. As per the scheme, X Ltd. will transfer Assets to
resultant co. R Ltd. The carrying value of assets is Rs. 500 while the fair value is Rs. 800. Book profit is
assumed to be 2000 before adjustment of 115(2A).
Calculation of MAT:
Book profit before adjustment of 115(2A) 2000
Add: Proposed dividend [clause e to Explanation 1 of 115JB(2)] 800
Less: Amounts credited to P&L on distribution of non-cash assets to shareholders in a
300
demerger in accordance with Appendix A of the Ind AS-10
Book Profit 2500
300 being a notional mark-up is allowed to be reduced from calculation of book profits. Hence, dividend is
effective included at book value of asset distributed (800 – 300).
As per 115(2B), in the books of Resultant Co. R ltd., this notional gain of 300 will be ignored for calculation of
book profits.
Note 3:
When a Company adopts Ind AS for the first time, it is required to recognise, reclassify and measure all its
existing assets and liabilities as required by Ind AS. Effect of such recognition, reclassification and measurement
is adjusted in Other Equity.
Transition amount includes all such amount (except amounts in capital reserve and security premium reserve).
The transition amount is to be adjusted in book profits (add to book profit is credit balance, reduce from book
profit if debit balance) equally over a period of 5 years. However, items 1 – 6 given below are to be excluded
from transition amount and they have a specific treatment:
Adjustments relating to items of property, plant and Included in book profit at the time of retirement/
equipment and intangible assets recorded at fair value realisation/disposal or other transfer of asset [Provis
4 as deemed cost in accordance with paragraphs D5 and 115JB(2C)].
D7 of the Indian Accounting Standards 101 on the
Note: Provision of 1/5th is not applicable here.
convergence date
Adjustments relating to investments in subsidiaries, Included in book profit at the time of retirement/
joint ventures and associates recorded at fair value as realisation/disposal or other transfer of asset [Provis
5 deemed cost in accordance with paragraph D15 of the 115JB(2C)].
Indian Accounting Standards 101 on the convergence
Note: Provision of 1/5th is not applicable here.
date
Adjustments relating to cumulative translation Included in book profit when foreign operation is dis
differences of a foreign operation in accordance with or other transferred [Second proviso to 115JB(2C)].
6
paragraph D13 of the Indian Accounting Standards
Note: Provision of 1/5th is not applicable here.
101 on the convergence date
For companies which have adopted Ind AS from Financial Year 2016-17, the relevant Assessment Years for
adjustment of Transition Amount in Book Profits under 115JB(2C) in 5 equal instalments will be:
A. Y. 2017-18
A. Y. 2018-19
A. Y. 2019-20
A. Y. 2020-21
A. Y. 2021-22
Illustration:
Solution to Question from CA-Final Direct Tax Compulsory Question – Nov 2018:
Solution:
Kindly note that ICAI has not released the answer to this question.
Update: ICAI has released the answer but missed out one adjustment (working note 1)
Book profit shall be reduced by the aggregate amount of unabsorbed depreciation and loss brought forward in
case of a company against whom an application for corporate insolvency resolution process has been admitted
by the Adjudicating Authority under section 7 or section 9 or section 10 of the Insolvency and Bankruptcy Code,
2016
2. 115JB(2A) talks only about items of Other Comprehensive Income (OCI) under heading “Items that will not
be reclassified to profit or loss”. Items under heading “Items that will be reclassified to profit or loss” are
ignored. Hence no adjustments.
3. “Changes in fair value of equity instruments” and “Revaluation surplus for assets” are to be included in book
profits only onretirement/ realisation/disposal or otherwise transfer of asset. Since the question is silent, it is
assumed that assets have not been retired, realised, disposed or transferred. Refer second proviso to 115JB(2A)
given below.
Provided further that the book profit of the previous year in which the asset or investment referred to in the first
proviso is retired, disposed, realised or otherwise transferred shall be increased or decreased, as the case may
be, by the amount or the aggregate of the amounts referred to in the first proviso for the previous year or any of
the preceding previous years and relatable to such asset or investment.
i. revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian
Accounting Standards 38.
ii. gains or losses from investments in equity instruments designated at fair value through other
comprehensive income in accordance with the Indian Accounting Standards 109
4. All other items of OCI under heading “Items that will not be reclassified to profit or loss” will be included in
book profits. Refer 115JB(2A) given below:
(2A) For a company whose financial statements are drawn up in compliance to the Indian Accounting Standards
specified in Annexure to the Companies (Indian Accounting Standards) Rules, 2015, the book profit as computed
in accordance with Explanation 1 to sub-section (2) shall be further—
a) increased by all amounts credited to other comprehensive income in the statement of profit and loss
under the head “Items that will not be re-classified to profit or loss”
b) decreased by all amounts debited to other comprehensive income in the statement of profit and loss
under the head “Items that will not be re-classified to profit or loss”
(2C) For a company referred to in sub-section (2A), the book profit of the year of convergence and each of the
following four previous years, shall be further increased or decreased, as the case may be, by one-fifth of the
transition amount:
Provided that the book profit of the previous year in which the asset or investment referred to in sub-clauses (B)
to (E) of clause (iii) of the Explanation is retired, disposed, realised or otherwise transferred, shall be increased
or decreased, as the case may be, by the amount or the aggregate of the amounts referred to in the said sub-
clauses relatable to such asset or investment:
Provided further that the book profit of the previous year in which the foreign operation referred to in sub-
clause (F) of clause (iii) of the Explanation is disposed or otherwise transferred, shall be increased or
decreased, as the case may be, by the amount or the aggregate of the amounts referred to in the said sub-clause
relatable to such foreign operations.
(iii) “transition amount” means the amount or the aggregate of the amounts adjusted in the other equity
(excluding capital reserve and securities premium reserve) on the convergence date but not including the
following—
A. amount or aggregate of the amounts adjusted in the other comprehensive income on the convergence
date which shall be subsequently re-classified to the profit or loss;
B. revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian
Accounting Standards 38 adjusted on the convergence date;
C. gains or losses from investments in equity instruments designated at fair value through other
comprehensive income in accordance with the Indian Accounting Standards 109 adjusted on the
convergence date;
D. adjustments relating to items of property, plant and equipment and intangible assets recorded at fair
value as deemed cost in accordance with paragraphs D5 and D7 of the Indian Accounting Standards 101
on the convergence date;
E. adjustments relating to investments in subsidiaries, joint ventures and associates recorded at fair value
as deemed cost in accordance with paragraph D15 of the Indian Accounting Standards 101 on the
convergence date; and