2020 (1) TMI 1100

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.....Suresh Kumar, learned standing counsel, revenue for the appellant and Mr.Subhash Shetty, learned counsel for the respondent-assessee. 2. This appeal under Section 260A of the Income Tax Act, 1961 ("the Act" for short) is preferred against the order dated 13.07.2016 passed by the Income Tax Appellate Tribunal, "B" Bench Mumbai, Mumbai ("Tribunal" for short) in Income Tax Appeal Nos. 2966- 3085/....

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.... the Companies Act, 1956, applies i.e. companies which are not required to prepare its profit & loss account in accordance with Part- II & III of Schedule VI of the Companies Act, 1956 without appreciating that under section 115JB(2) of the Income Tax Act, 1961, every company is mandatorily required to prepare profit & loss account in accordance with the provisions of Part-II & III of Schedule VI ....

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....me Tax- 5 Mumbai vs. Essar Teleholdings Ltd., [2018] 90 taxmann.com2(SC) wherein it has been held that Rule 8D of the Income Tax Rules, 1962 is prospective in operation and cannot be applied to any assessment year prior to assessment year 2008-09. This was also the view of this Court in Godrej and Boyce Manufacturing Co. Ltd. v/s. Deputy CIT, 328 ITR 81/194 Taxman 203(Bom.) which view has been uph....