Windsor Machines Ltd. v. DCIT (2020) 81 ITR 41 / 185 ITD 576 /206 TTJ 148/ (2021) 199 DTR 79 (Mum.)(Trib.)

S. 115JB : Book profit-Net worth turned positive-Discharged by he Sick Industrial Companies (Special Provisions) Act, 1985-Liable to be assessed on book profit-Matter remanded to pass speaking order-COVID 19 pandemic lockdown period would be excluded in computing 90 days total time limit for pronouncing appellate order. [S.255, SICAS S. 17]

Assessee’s net worth turned positive on 31-3-2011 by virtue of implementation of revival scheme.  BIFR discharged company from purview of SICA vide order dated 16-8-2011 on ground that revival of company had substantially been implemented and net worth had turned positive. Tribunal held that assessee would be precluded from relief under section 115JB in view of Explanation 1(vii) to section 115JB(2) and therefore, no relief would be available from assessment years 2011-12 onwards. Matter remanded to pass speaking order.  Tribunal also held that COVID 19 pandemic lockdown period would be excluded in computing 90 days total time limit for pronouncing appellate order. (AY. 2013-14,  2014-15)