The AO made addition of certain amount on account of difference between depreciation as per Companies Act and a sum while calculating total income as per S.115JB on the ground that assessee had adopted the rate of depreciation as per Act instead of Companies Act in profit & loss account. The CIT(A) deleted the addition. Tribunal allowing the appeal held that, it is not the case that depreciation provided in P&L are not at the same rates provided for the purpose of its P&L being laid before AGM. The assessee has claimed depreciation in the P&L and the same amount has been taken into consideration while determining the book profit. Based on the direct provisions of 115JB, the addition of the AO on account of adjustment in computation u/s. 115JB is not liable.  (AY. 2012-13)