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

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 assesse

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