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TMI Blog2009 (9) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal by the Revenue is against the order dt. 8th Feb., 2008 passed in ITA No. 458/Bang/2007 by the Tribunal, Bangalore, in respect of the respondent-- M/s Mysore Breweries Ltd., the assessee. 2. The respondent - assessee is a company. The assessment year in question is pertaining to 2003-04 and the dispute related to the ascertainment of book profits of the company for the purpose of s. 115 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intervening development, such as a change of law, brought about by s. 46 of Finance (No. 2) Act, 2009, whereby, to the provisions of s. 115JB and to the clauses in the series (a) to (h) as figured earlier occurring in the Explanation, one more clause viz., clause (i) had come to be inserted by this amendment which reads as follows : "(i) the amount or amounts set aside as provision for diminutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he clauses to the Explanation to sub-s. (2) of s. 115JA. 6. The amendment having retrospective effect w.e.f. 1st April, 1998 and the assessment being of the year 2003-04, the amendment necessarily covers this period and therefore, the question has to be answered in favour of the Revenue and against the assessee. 7. We have heard Sri Shivacharan, learned counsel for the respondent- assessee on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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