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TMI Blog2016 (6) TMI 1227X X X X Extracts X X X X X X X X Extracts X X X X ..... 115JB of the Income Tax Act whereas as per sub section (6) of section 115JB of the Income Tax Act, the provisions of Minimum Alternative Tax are not applicable to the assessee appellant". 2. The issue before ld. CIT(Appeals) pertain to levy of tax under section 115JB (i.e. tax under MAT). The Assessing Officer has assessed the total income for assessment year 2008-09 at Rs. 12,74,720/- with tax under MAT amounting to Rs. 96,28,336/- for assessment year 2009-10, the income has been assessed at Rs. 9,36,310/- with tax under MAT amounting to Rs. 1,32,01,988/-. The assessee was aggrieved against levy of tax under section 115JB of the Income Tax Act in both assessment years under appeal. 3. The assessee filed written submissions before ld. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word or has been used which shows that the provisions are applicable even to the assessee having fulfilled one part of the above. Therefore, after removing the other part the provisions if read should be as under :- Section 115JB(6): "The provisions of this section shall not apply to the income accrued or arising on or after the 1st day of April, 2005 from any business carried on, by a Developer, in a Unit as the case may be. " Admittedly the assessee company is having business income as developer in a unit (development of residential unit). As such, as per provisions of Section 115JB(6) of the I.T. Act. MAT is not applicable to the case. Further, it is a well settled law that if there is some ambiguity in the interpretation of law t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree Trade and Warehousing Zone) and includes an existing Special Economic Zone, Further, the Developer has been defined as "developer"' means a person who, or a State Government which, has been granted by the Central Government a letter of approval under sub-section (10) of section 3 and includes an Authority and a co-developer; and " means a person who has been granted a letter of approval by the Commissioner under sub-section (9) of section 15. 5.1 It is seen that the AR's reliance upon the exception carved out u/s 115JB(6) is misplaced as it is quite apparent that the exception are in respect of concern entrepreneur or developer as defined under the SEZ Act) situated in a Unit or Special Economic Zone, (also defined under the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y submitted that assessee carried on the business "in a unit". The ld. counsel for the assessee, however, could not establish from any evidence or material on record as to how the assessee has carried on business as a Developer in any unit. 6. The ld. CIT(Appeals) considered the submissions of the assessee and noted that provisions of sub-section (6) of Section 115JB have been inserted by the Special Economic Zones Act, 2005 and reproduced the definition of 'unit' from same Act which means the 'Unit' set up by an entrepreneur in a Special Economic Zone. No other definition of 'unit' under any Central Act has been provided by the ld. counsel for the assessee and even no case law on this issue have been cited. The ld. counsel for the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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