Kannappan Textile Mill (P.) Ltd. v. ACIT (2022) 197 ITD 189 / (2023) 224 DTR 57/ 222 TTJ 989 (Chennai)(Trib.)

S. 115JB : Book profit-Sick company-Adjustment of brought forward business losses or depreciation would start after it become n00n-sick company. [S. 115JB(2)]

When a company is  declared a sick company profits of a sick company are excluded from purview of section 115JB.  Assessee-company was declared a sick company during period 31-3-2000 to 31-3-2006, positive Book Profits would start arising to assessee only from year ending 31-3-2010 after it become non-sick company and accordingly, adjustment of brought forward business losses or depreciation would start from that year only. Assessing Officer was to be directed to grant adjustment as claimed by assessee during year. (AY. 2014-15)