Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

Infosys Ltd. Vs ACIT (ITAT Bangalore)

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

Facts- One of the issues in the present case is addition of SEZ book profits u/s 115JB. The only issue for consideration is whether the disallowance u/s 14A if any could be added for computing the book profits of the assessee.

Conclusion- Held that this issue is no longer res integra and the same stands settled by the decision of the Special Bench of Delhi Tribunal in case of ACIT vs. Vireet Investment (P) Ltd. We accordingly direct the AO to delete the disallowance added while computing book profits.
Further, it was submitted that disallowance made towards section 10AA was also added to the book profits while computing 115JB.

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