Determination of charge U/s. 115JB of Income Tax Act, 1961 for Zero tax companies

RELEVANT PARAGRAPH 13. We have considered the rival submissions and perused the record of the case. There is no quarrel with the proposition that if a charging provision fails then subject cannot be taxed. In this regard, we may reproduce the observations from the two decisions relied upon by Ld Counsel for the assessee : 1, i] C.W.T v.Ellis Bridge Gymkhana & Others, 229 ITR 1 (SC) The rule of construction of a charging section is that before taxing any person, it must be shown that he falls within the ambit of the charging section by clear words used in the section. No one can be taxed by...