Tribunal held that the  retention money cannot be regarded as income even for the purpose of computing the book profits under section 115JB . The retention money did not partake of the character of income till the time the contractual obligation were fully performed to the satisfaction of the payer or other parties concerned. Accordingly the retention  money not to be considered for computing book profits . Tribunal held that section 115JB is in the nature of a non obstante clause, there was no exception thereto in the deduction provision under section 80-IA . The maxim generalia specialibus non derogant was applicable. Minimum alternate tax exemption regarding its section 80-IA deduction was not allowable. Followed  Rockline Developers P. Ltd. v. ITO (ITA. No. 5125/Mum/2016 dt.6-7 – 2018) Tribunal also held that the Explanation 2(iv) and (v) to section 115JB makes it clear that the secondary and higher education cess(es) on Income-tax had been included in Explanation (1)(a) thereto. Therefore the assessee was not entitled to exclude the section 40(a)(i) disallowance from the computation under section 115JB. Tribunal also held that  the statutory expression “tax” does not exclude “cess”. The Assessing Officer was directed to allow the assessee’s education cess(es).  Deduction under section 80IA  can be claimed in appellate proceedings . ( AY.2010-11, 2011-12)