2012 (7) TMI 1124 - AT - Income Tax

Summary

Issues involved: Appeal against orders passed by CIT(Appeals) for assessment years 2006-07, 2007-08, and 2008-09 regarding the addition of provision for rebate for computation of income under sections other than section 115JB of the Income Tax Act, 1961.

Issue 1 - Addition of provision for rebate for computation of income under sections other than section 115JB:
The assessee raised grounds related to rebate in the computation of book profits u/s. 115JB of the Act and rebate for computing income under normal provisions. The Tribunal considered the submissions and orders of the authorities below. It was observed that the issue concerning the computation of book profits under section 115JB and normal provisions should be remitted back to the Assessing Officer (AO) for a fresh decision. The Tribunal set aside the orders passed by CIT(A) and directed the AO to decide the issue de novo after providing a reasonable opportunity for the assessee to be heard. Consequently, all three appeals filed by the assessee were allowed for statistical purposes.

Conclusion:
The Tribunal remitted the issue back to the AO for a fresh decision after considering the submissions and orders of the authorities below, allowing all three appeals filed by the assessee for statistical purposes.