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Applicability of form 29b u/s 115jb

jai gupta (articleship) (52 Points)

17 September 2014

Is Form 29B is mandatory to the company which has book profit but no MAT liablity arise in computation u/s 115JB???????

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Swapnil Jain (Finance - FP&A) (564 Points)
Replied 17 September 2014

I had the same doubt... after a bit of search and referring some books, my view on the same is that if we refer RULE 12(2), then FORM 29B is not mandatory if you have no MAT liability....

Rule 12(2) says that

The return of income required to be furnished in either of the ITR (1 to 7) shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax....

However the proviso says that where an assessee is required to furnish a report of audit specified under various sections including section 115JB he shall furnish the same electronically...

thus in my view it is not mandatory in your case....

any correction/suggestion is most welcome :)

Regardsz

jai gupta (articleship) (52 Points)
Replied 17 September 2014

Thanx Swapnil for your promt answer.

Also, if i will found any more clarification on this point, i would add in to it.

Swapnil Jain (Finance - FP&A) (564 Points)
Replied 17 September 2014

you are welcome :)

and it would be a privilege to have a brief discussion on this topic. I would also raise this point in office to obtain some more clarity from seniors.