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2019 (6) TMI 536 - ITAT MUMBAITaxability of share of income from AOP u/s 115JB - Book Profit - income be brought to tax under MAT liability - whether in case of Member of AOP, when no income is payable on the share of member of AOP in certain situation? - HELD THAT:- In accordance with the provision of section 86, should the same income be brought to tax under MAT liability. We have noted in Goldgerg Finance Pvt. Ltd. [2017 (2) TMI 643 - ITAT MUMBAI]vide consideration, the similar issue held that when the share of income member of AOP was not taxable in term of section 86 then it should not be taxed under MAT also. Considering the fact of the present case, when the share of AOP was not taxable under the normal provision of the Income Tax Act than it cannot be brought to be taxed under MAT. No contrary law would brought to over notice to take the other view. Therefore, respectively following the decision of Co-ordinate Bench in Goldgerg Finance Pvt Ltd (supra), we direct the AO to not to brought income received by the assessee from AOP. In the result, the ground raised by the assessee is allowed.
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