TMI Blog2019 (2) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... ts return - Held that:- Though the assessee claimed a larger provision in its return, the Assessing Officer has specifically declined the same and allowed in accordance with the accounting 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 assessment which is added back under Section 115JB. The provision for upward revision by virtue of the specific item found in Section 115JB can only be of that permissible as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I. 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 posted together since the assessee-respondent is the same. In I.T.A.Nos. 54/2012, 80/2012 and 59/2013, a common issue arises in the assessment years 2003-04, 2005-06 and 2006-07. There is another common issue arising in I.T.A.Nos.69/12 and 123/2012 for assessment years 2004-05 and 2005-06. 2. We will first answer the common issue arising in I.T.A.Nos.69/2012 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh the assessee claimed a larger provision in its return, the Assessing Officer has specifically declined the same and allowed in accordance with the accounting 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 assessment which is added back under Section 115JB. The provision for upward revision by virtue of the specific item found in Section 115JB can only be of that permissible as a deduction in regular asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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