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The Tribunal in [2022] 98 ITR (Trib) 235 (ITAT[Kolk]) held that the provisions of section 115JB are not applicable when the gross total income and total income of the assessee are nil and no taxes are payable. Yet further for the reason that the assessee was not a dividend paying company it managed to escape 115 JB provisions in this case. In this case the gross total income was in negative post current/ addl depreciation set off so that the negative amount represented unabsorbed depreciation. Consequently there was no deduction claimed to arrive at total income which is again reported at nil.

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