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2002 Supreme(SC) 1188

Karnataka Small Scale Industries Development Corporation LTD. – Appellant
Versus
Commissioner Of Income Tax, Bangalore – Respondent


JUDGMENT

Ruma Pal, J.-All these appeals are disposed of by this common judgment.

2. The assessees who are in appeal before us are companies who have been subjected to imposition of tax on 30% of their book profits in accordance with section 115J(1) of the Income Tax Act, 1961 (referred to as the Act ).

3. Section 115-J is in Chapter XII-B of the Act which is entitled Special Provisions Relating to Certain Companies . It was inserted by the Finance Act, 1987 with effect from the Assessment Year 1988-89 and remained in operation till the Assessment Year 1990-91. The relevant extract of section 115-J reads as follows:-

"115J. (1) Notwithstanding anything contained in any other provision of this Act, where in the case of an assessee being a company other than a company engaged in the business of generation or distribution of electricity, the total income, as computed under this Act in respect of any previous year relevant to the assessment year commencing on or after the 1st day of April, 1988 but before the 1st day of April 1991 (hereinafter in this section referred to as the relevant previous year, is less than thirty per cent of its book profit, the total income of such assessee cha

































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