DCIT-CC-4(2),MUMBAI, MUMBAI vs. BIRLA GROUP HOLDINGS PRIVATE LIMITED, MUMBAI

ITA 988/MUM/2026Status: DisposedITAT Mumbai20 May 2026AY 2019-208 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the share of loss from a partnership firm cannot be added back while computing book profits under Section 115JB. This is because there is no specific provision in Explanation 1 to Section 115JB that permits such an addition.

What were the facts?

The Revenue reopened the assessee's case to add back the share of loss from a partnership firm while computing book profit under Section 115JB. The assessee argued that only specific adjustments mentioned in Explanation 1 to Section 115JB are permissible.

What were the issues?

Whether the share of loss from a partnership firm, debited to the Profit and Loss Account, can be added back while computing book profits under Section 115JB of the Income-tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 115JB,Section 10(2A),Section 147

AI-generated summary — verify with the full judgment below

Before: SHRI SAKTIJIT DEY & SHRI PRABHASH SHANKAR

For Appellant: Shri Ronak Dodhi, AR
For Respondent: Ms. Shailja Rai, CIT-DR
Hearing: 15.04.2026Pronounced: 20.05.2026

PER PRABHASH SHANKAR [A.M.] :- The present appeal emanating from the appellate order dated 14.11.2025 is preferred by the Revenue against the order passed by the Learned Commissioner of Income-tax, Appeal, CIT(A)-52, Mumbai [hereinafter referred to as ―CIT(A)‖] pertaining to assessment order

P a g e | 2 A.Y. 2019-20 Birla Group Holdings Private Limited passed u/s. 147 of the Income-tax Act, 1961 [hereinafter referred to as ―Act‖] dated 31.03.2024 for the Assessment Year [A.Y.] 2019-20. 2. The gro

The order continues below.

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