Effect of the order passed by the Board for Industrial and Financial Reconstruction under a scheme for the rehabilitation of sick units

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....23, dated 5th October, 1988 (See [1988] 174 ITR (St.) 1), wherein it was pointed out that if the Board for Industrial and Financial Reconstruction (BIFR) sanction a scheme under section 17(3) of the Sick Industrial Companies (Special Provisions) Act, 1985, specifically excluding or limiting the application of sections 41(1), 79 and 115J of the Income-tax Act, 1961, in respect of specified assessme....

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.... Provisions) Act, 1985, is sanctioned by the Board for Industrial and Financial Reconstruction under section 18 of that Act, specifying a particular tax treatment for the carry forward and set off of loss incurred by the sick company, the said scheme will have overriding effect over the provisions of section 80 of the Income-tax Act. In such a situation, the Assessing Officer will have to take cog....