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In thecaseofDCIT Vs. Sobha Developers (supra)rendered by ITAT Bangalore Bench wherein it was held that the disallowance u/s.14A of the Act made while computing total income under the normal provisions of the Act can also be adopted while determining book profits u/s.115JB in terms of Explanation- 1(f) to Sec.115JB(2) of the Act. The ratio laid down in the said decision of the Bangalore Bench has not been approved by a full bench (Special Bench) of ITAT Delhi in thecaseofVireet Investments (supra), which decision was rendered after the decision rendered by the Bangalore Bench of ITAT.

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Sec. 14A & 115JB of Income Tax Act, 1961— MAT- Disallowance u/s 14A cannot be added back to the book profit u/s. 115JB.

Facts: Whether disallowance u/s 14A can be added back to the book profit u/s. 115JB

Held, that amount to be added while computing book profits u/s. 115JB , the AO cannot in terms of Explanation 1(f) to Sec.115JB(2), add the sum determined as disallowance u/s. 14A while computing total income under the normal provisions of the Act and he has to adopt a basis as laid down by the Special Bench viz., direct expenditure associated with earning of income. - ASSTT. CIT V/s M.N. DASTUR COMPANY PVT. LTD. - [2020] 26 ITCD Online 101 (ITAT-BANGALORE)

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