In original assessment, assessee’s tax liability under section 115JB (Book profits) was higher than tax liability under normal provisions. Case was reopened to adjust book profits and assess escaped income under normal provisions. Order of reassessment is up held by the CIT(A). On cross appeal before the Tribunal the appellant contended that  escapement alleged qua book profits did not meet conditions embodied in first proviso to section 147 having regard to full and true disclosure of relevant / material facts attributable to provisions for repairs in return of income by making disallowances under normal provisions and suitable declarations in audited financial statement.  Whether when adjustment on account of such provision for repairs had been made by assessee, it could not be said that while determining income as per normal provisions of Act, there was a failure on part of assessee to disclose facts in not making such corresponding adjustments while determining book profit. Accordingly the condition of 1st proviso to section 147 was thus clearly not satisfied in instant case and hence, escapement qua book profits were not sustainable in law. (AY. 2010-11)