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115jb and 115jaa

Rajesh Raman ( ) (292 Points)

20 January 2012

Can anybody tell the detailed provisions regarding Mat for payment of tax u/s.115JB?

In a year company making loss the next year mat provision are attract?

Detailed provisions regarding Mat credit Entitlement U/s.115JAA and carry forwarding regards to Mat credit

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Resham (Carpe Diem !!!) (6535 Points)
Replied 20 January 2012

This is just some basic historical info for you to have a background, hope it helps:

Normally, a company is liable to pay tax on the income computed in accordance with the provisions of the income tax Act, but the profit and loss account of the company is prepared as per provisions of the Companies Act. There were large number of companies who had book profits as per their profit and loss account but were not paying any tax because income computed as per provisions of the income tax act was either nil or negative or insignificant. In such case, although the companies were showing book profits and declaring dividends to the shareholders, they were not paying any income tax. These companies are popularly known as Zero Tax companies. Inorder to bring such companies under the income tax act net, section 115JA was introduced w.e.f assessment year 1997-98.

According to this section, if the taxable income of a company computed under this Act, in respect of previous year 1996-97 and onwards is less than 18 %(amended) of its book profits, the total income of such company is chargeable to tax for the relevant previous year shall be deemed to an amount equal to 18 % of such book profits.

A new tax credit scheme is introduced by which MAT paid can be carried forward for set-off against regular tax payable during the subsequent five year period subject to certain conditions, as under:-

When a company pays tax under MAT, the tax credit earned by it shall be an amount which is the difference between the amount payable under MAT and the regular tax. Regular tax in this case means the tax payable on the basis of normal computation of total income of the company.
MAT credit will be allowed carry forward facility for a period of five assessment years immediately succeeding the assessment year in which MAT is paid. Unabsorbed MAT credit will be allowed to be accumulated subject to the ten year (amended) carry forward limit.
In the assessment year when regular tax becomes payable, the difference between the regular tax and the tax computed under MAT for that year will be set off against the MAT credit available.
The credit allowed will not bear any interest.The section has now been replaced