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Share of profit from AOP cannot be added while computing section 115JB book profit

Case Law Details

Case Name
ACIT  Vs Om Metal Infraproject Ltd. (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11 to 2013-14.
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ACIT Vs. Om Metal Infraproject Ltd. (ITAT Jaipur) clause (iic) inserted in Explanation 1 to section 115JB by the Finance Act, 2015 is remedial and curative in nature as it was brought in the statute to provide similar benefit to the member of the AOP which was earlier applicable to the partner of the firm, therefore, it is to be reckoned as retrospective. This proposition can be viewed from another angle that, the amending Act had sought to bring parity between similar kind of situation faced by two class of assessees, where in one case, statute envisaged that if the income of the assessee is ...
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