Mahindra & Mahindra Ltd. v. CIT City – II, Mumbai, [2025] 174 taxmann.com 154 (Bom)( HC)

S. 115J : Company – Book profit – The AO has no jurisdiction to question the correctness of the profit and loss account prepared and certified by the Chartered Accountant .[ Companies Act , 1956 ]

Held that the  Assessing Officer does not have jurisdiction to question correctness of profit and loss account prepared and certified by statutory auditors of assessee-company as having been prepared in accordance with requirements of Parts II and III of Schedule VI to Companies Act – Held, yes – Whether Assessing Officer does not have jurisdiction to go behind net profit shown in profit and loss account except to extent provided in Explanation to section 115J . Followed Malayala Manorama Company Ltd. v. CIT  Trivandrum (2008) 169 Taxman 471/ 300 ITR 251 ( SC) .  (AY. 1990 -91  )

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