Dismissing the appeal of the revenue the Court held that the Tribunal was correct in law holding that the provisions of S.115JB of the income -tax Act, 1961 are not applicable to assessee to whom proviso to sub-section (2) of section 211 of the Companies Act, 1956, applies, i.e. Companies which are not required to prepare its profit and loss account in accordance with part II & III of Schedule VI of the Companies Act, 1956. Followed CIT v Union Bank of India (2019) 105 taxmann.com 253/ 263 Taxman 685 (Bom)(HC)(ITA No.2966 / 3085 /Mum/ 2014 dt.13-07- 2016)(ITA No.1996 of 2017 dt.23/01/2020)
PCIT v. Bank of India (Bom)(HC)(UR)
S.115JB : Book profit – Provisions as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company governed by provisions of Banking Regulation Act, 1949- Companies which are not required to prepare its profit and loss account in accordance with part II & III of Schedule VI of the Companies Act , 1956 – Adjustment cannot be made. [S.115JB(2), Companies Act , 1956 , S 211(2), Banking Regulation Act, 1949]