TMI Blog2018 (8) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... d independently in the light of the amended provisions with regard to the applicability of book profit tax on the banking companies. We find that the ld CITA had placed reliance on the aforesaid decisions of this tribunal and granted relief to the assessee, against which the revenue cannot have any grievance. - Decided against the Revenue. - I.T.A Nos. 1970 & 1971/Kol/2017, I.T.A No. 1975/Kol/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeals of the revenue in ITA Nos. 1970 1971/Kol/2017 arise out of the separate orders passed by the ld CITA in Appeal Nos. 09 07/CIT(A)-23/DCIT, Cir.- 6/16-17/Kol dated 28.6.2017 for the Asst Years 2004-05 and 2006-07 respectively passed against the separate orders of assessments framed by the ld AO u/s 254/254/251/143(3) of the Act dated 28.2.2013 for the Asst Year 2004-05 and u/s 254/154 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce was placed on another decision of this tribunal in the case of UCO Bank vs DCIT in ITA No. 1768/Kol/2009 dated 27.11.2015 for the Asst Year 2002-03. It was held that the provisions of section 115JB of the Act are not applicable to the banking companies upto the Asst Year 2012-13. There has been amendment in section 115JB of the Act with effect from Asst Year 2013-14 which has to be examined ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings u/s 154 of the Act was only with regard to incorrect calculation of interest u/s 244A of the Act, against which the assessee was aggrieved and an appeal was preferred before the ld CITA. In view of these facts, the ld CITA observed that the issue of applicability of MAT provisions u/s 115JB of the Act does not arise from the impugned rectification order and hence it cannot be a ground ..... X X X X Extracts X X X X X X X X Extracts X X X X
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