2013 (12) TMI 1698

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..... is filed by assessee against the order of Commissioner of Income Tax dated 5.3.2012 vide which the ld. CIT set aside the order passed by assessing officer dated 27.11.2009 with a direction to compute the income u/s 115JB of the Income Tax Act, 1961(the Act). 2. At the time of hearing, our attention was drawn to the fact that the assessee is a Banking Company and as such the provisions of section .....

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..... f Hon'ble Jurisdictional High Court in the case of Kurung Thai Bank PCL in ITA No.3390/M/1990 dated 30.9.2010 that provisions of section 115JB are not applicable to the assessee-banking-company and therefore assessee's case is not covered by MAT provisions. In the said case, the order passed by Commissioner of Income Tax u/s 263 of the Act was quashed. Respectfully following the orders of the Trib .....

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