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2010 (11) TMI 671 - HC - Income TaxMAT - Deduction u/s 80IC - It is true that when section 115JB was inserted, there was no contem-plation that, in future, section 80-IC would be inserted. Therefore, at the time when section 115JB was inserted, it was not intended to control sec-tion 80-IC - Therefore, even after insertion of section 80-IC, when the total income, as computed after taking into consideration all deductions, including the deductions available under section 80-IC of the Act, is less than what has been mentioned in section 115JB, it would be the obligation of the assessee-company to pay such tax as mentioned in section 115JB - held that:- while section 80-IC, as a special provision, allows deductions, section 115JB, as a special provision, imposes a tax liability on an assessee, being a company, if its tax liability, assessed after grant of such deductions, is less than what has been provided therein - an assessee, being a company and entitled to deduction under section 80-IC, would be liable to pay income-tax, if it comes within the provisions of sec-tion 115JB to the extent mentioned therein. - Decided against the assessee
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