Disallowance deduction u/s 80HHC in a case of MAT assessment is to be worked out on the basis of the adjusted books profits under Section 115JA of the Income Tax Act, 1961

The Assessing Officer is not entitled to touch the profit and loss account prepared by the assessee as per the provisions contained in the Companies Act, while arriving at the book profit under Section 115J and the book profit so arrived at should be the basis for taxation and therefore, the computation under Section 80HHC should be limited to the case of profits of eligible category only. The Tribunal has also come to the conclusion that in view of the non obstante clause available in Section 115JA it was clear that the provisions is a self-conta

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