Rebate of STT paid u/s 88E available against tax calculated u/s 115JB

Assessing Officer has computed the taxable income of the assessee company under the normal provisions of the Act as well as under the special provisions of section 115JB of the Act. While computing the book profit u/s 115 JB, the Assessing Officer has not allowed the rebate on account of STT u/s 88E of the Act from the book profit of the assessee company. In a decision in the case of M/s Horizon Capital Limited, the ITAT Bangalore (2011) 64 DTR (Kar) 306 has laid down that tax rebate in respect of STT u/s 88E is available even against tax liability

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