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TMI Blog2019 (2) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... . R. MENON, SR. COUNSEL, GOI(TAXES) AND SRI. JOSE JOSEPH, SC FOR INCOME TAX For The Respondent : ADVS. SRI. T. M. SREEDHARAN (SR. ), SC, KSIDC SRI. K. JAJU BABU, SR. SC, KSIDC SRI. M. PATHROSE MATTHAI (SR. ) SMT. BOBY M. SEKHAR SMT. DIVYA RAVINDRAN SMT. MARIAM MATHAI SRI. RAMESH CHERIAN JOHN SRI. SAJI VARGHESE AND SRI. V. P. NARAYANAN JUDGMENT Vinod Chandran, J. These batch of appeals are po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur of the assessee upholding the order of the Tribunal, though on different grounds. 3. The next issue is on the question re-framed as follows, which arises in the three appeals, I.T.A.Nos.54/2012, 80/2012 and 59/2013: Whether the Tribunal was correct in having deleted the addition made by the Assessing Officer for computation of the book profits under Section 115JB, adding on the provision for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccounting principles, in the regular assessment made in the case of the assessee. In such circumstances, it is only proper that the allowance as made by the Assessing Officer alone is added back for the purpose of computing the book profits under Section 115JB. The Assessing Officer cannot blow hot and cold and with respect to the very same claim there cannot be an amount disallowed in regular ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ze (India) Ltd. v. CIT, (2006) 284 ITR 323 (SC). We also find that the tax effect for the subject year only increases by the write back from the provision. We do not find any question of law to be answered on the said issue and uphold the order of the Tribunal. 6. I.T.A.No.59/2013 for the year 2006-07 raises two questions; one on the write back of excess provision which we have already answered i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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