17 June 2013
A company has 100% exemption u/s 80IC of IT Act and its been, hence, paying MAT u/s 115JB. It calculates depreciation as per rates prescribed by Schedule XIV of Companies Act. Shall it create Deferred Tax Asset/Liab on the excess/reduced tax liability due different rates of Depn as per IT Act? If yes, what should be the rate, MAT rate or 30.9%?
In a period in which a company pays tax under section 115JB of the Act, the deferred tax assets and liabilities in respect of timing differences arising during the period, tax effect of which is required to be recognised under AS 22, should be measured using the regular tax rates and not the tax rate under section 115JB of the Act.