Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (6) TMI 586 - HC - Income TaxLevy of interest in case of minimum alternate tax (MAT) - Difference between section 115J and 115JB - held that:- it is only a deemed income which is taken into consideration under section 115J and in the absence of any specific provisions being made applicable the same could not be applied by creating a further deeming fiction and it is in that context held that interest under sections 234B and 234C was not leviable when the case of the assessee falls under section 115J. However, under section 115JA as well as under section 115JB, there are specific provisions making applicable other provisions of the Act to an assessee being a company coming under the relevant sections. In view of the specific provision, particularly, under section 115JB under which the case of the present assessee falls we hold that the ratio of Kwality Biscuits (1999 -TMI - 15292 - KARNATAKA High Court) cannot apply to the case of the assessee herein which is covered under section 115JB of the Act, wherein sub-section (5) makes all other provisions of the Act applicable. - the case of the assessee falls under section 115JB of the Act and not under section 115JA. - Decided in favor of revenue.
|