2017 (12) TMI 1873

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....hri Akkal Dudhwewala, ACA. ORDER PER SHRI P.M. JAGTAP, ACCOUNTANT MEMBER : This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-15, Kolkata dated 17.03.2016 and in the solitary ground raised therein, the Revenue has challenged the action of the ld. CIT(Appeals) in holding that the provisions of section 115JB are not applicable in the case of th....

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.... held by relying on the decision of the Tribunal in assessee's own case for A.Ys. 2008-09 and 2009-10 that the provisions of section 115JB were not applicable in the case of the assessee and accordingly directed the Assessing Officer not to assess the total income of the assessee by applying the said provision. Aggrieved by the order of the ld. CIT(Appeals), the Revenue has preferred this appeal b....

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.... the assessee corporation; The amendment brought in section 115JB of the Act read with Explanation 3 thereon by the Finance Act, 2012 is applicable only with effect from asst. Year 2013-14 onwards in line with the Notes of Clauses of Finance Act, 2012, and A statutory claim could be made by way of a letter before an appellate authority even without filing a revised return if the facts with r....