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2021 (8) TMI 465 - AT - Income TaxAssessment u/s 153A - MAT computation u/s 115JB - CIT(A) confirming the action of the DCIT not allowing the exclusion of the Sales Tax Subsidy from the Book Profits for the purpose of MAT Computation - HELD THAT:- This issue of claim of the assessee that the sales tax subsidy being a capital receipt should be reduced from book profit computation u/s 115JB was subject matter of assessee’s appeal with ITAT in the course of regular assessment for AY 2006-07. The assessee had raised this issue by way of CO and ITAT has duly decided this issue in favour of assessee - the present case before us is assessment u/s 153A of the Act pursuant to search and assesee is himself claiming that this is a case of non abated assessment. It is noted that assessee has not made any such claim in the return filed pursuant to notice u/s 153A - It has also not filed any revised return in this regard. The claim was rejected by Ld.CIT(A) on the touchstone of Hon’ble Rajasthan High Court decision in the case of Jai Steel India [2013 (6) TMI 161 - RAJASTHAN HIGH COURT] that in case of non abated assessment fresh claim cannot be allowed. We do not find any infirmity in the order of Ld.CIT(A). Hence, we uphold the same.
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