Industrial Investment Bank of India Ltd v. PCIT(2024) 209 ITD 117 (Kol) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Company-Book profit-Voluntary liquidation-Section 115JB is applicable even to a company under voluntary liquidation.[S.115JB]

Assessee-company is undergoing voluntary liquidation. Assessing Officer completed assessment without applying provisions of section 115JB  of the Act. PCIT  invoked revision proceedings under section 263 on ground that assessee had not computed income under provisions of MAT.  Assessee contended that it was a company undergoing voluntary liquidation, and hence, is  not preparing accounts from which any “book profit” could be worked out. On appeal the Tribunal held that   neither did Assessing Officer conduct any enquiry nor did he attempt to apply provisions of section 115JB, and hence provision of Section 263 is correctly applied.  (AY. 2018-19)