DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR vs. M/S. KALINGA HOSPITAL LTD., BHUBANESWAR
What did the Tribunal hold?
The CIT(A) directed the AO to allow MAT credit including surcharge and education cess, following High Court and ITAT decisions. The Tribunal found no infirmity in the CIT(A)'s order.
What were the facts?
The Assessing Officer (AO) allowed MAT credit excluding surcharge and education cess. The assessee claimed MAT credit including these components.
What were the issues?
Whether MAT credit under Section 115JAA should include surcharge and education cess.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- CIT v. K. Srinivasan129 citing83 ITR 346 · 1972 · SC · Read judgment
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU
per the decision of ITAT Delhi in the case of M/s. Richa Global Exports Pvt
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ITA No.283/CT K/2018 Asse ssment Year : 20 14- 201 5
Ltd vs ACIT, ITA No.2302/.Del/2012 for the assessment year 2010-2011,
the Assessing Officer has allowed MAT credit for a lesser amount without
taking into consideration the surcharge and cess paid on MAT.
On appeal, the CIT(A) directed the Assessing Officer to allow MAT
credit, by observing as under:
“I have considered the matter and perused the written submission of the assessee. The issue involved here is whether MAT credit would include surcharge and education cess paid on MAT. This issue has remained debatable and there are conflicting opinion on the same. The AO has followed the decision of the Hon'ble ITAT, Delhi in the case M/s. Richa Global Exports (P) Ltd. The assessee has referred to the decisions of the Hon'ble Allahabad High Court in the case CIT v. M/s. Vacment India Agra and the Hon'ble Calcutta High Court in the case of Srei Infrastructure Finance Ltd. delivered on 12.8.2016. Copies of these judgments have been filed by the assessee. In these judgments, the Hon'ble High Courts have held that MAT credit u/s.H5JAA would include surcharge and education cess. (I also find that the Hon'ble ITAT, Hyderabad Bench in the case of M/s. Virtusa (India) (P) Ltd. in ITA No.l46/Hyd/2015 have held vide their order dt.4.3.2016 that the term tax used in section 115JAA(2A) would include surcharge and cess. Going by the provisions of law, this decision of the Hon'ble ITAT, Hyderabad Bench is in consonance with the Hon'ble Apex Court's decision in the case of K. Srinivasan 83 ITR 346. Respectfully following the decisions of the Hon'ble Allahabad and Calcultta High Courts and the decision of the Hon'ble ITAT, Hyderabad, it is held that MAT credit would include education cess and surcharge. Hence, the AO is directed to allow MAT credit accordingly.” 5. Before us, although ld D,.R. supported the order of the Assessing
Officer but could not point out any error in the order of the CIT(A). We find
that with regard to the case of M/s Richa Global Export Private Ltd (supra)
we find that the case deals with whether the amount of MAT Credit
under section 115JA would include surcharge and cess on the tax payable
on the book profits which is the similar ground in the present appeal. We
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find that the CIT(A) by following the decision of Hon’ble Allahabad High
Court in the case of Vacment India Agra and Hon’ble Calcutta High Court
decision in the case of Srei Infrastructure Finance, wherein, it was held that
MAT credit u/s.115JAA would include surcharge and education cess, has
directed the AO to allow MAT credit to the assessee. This findings of the
CIT(A) are not controverted by the ld D.R. during the course of hearing.
Hence, we find no infirmity in the order of the CIT(A), which is hereby
confirmed and grounds of appeal of the revenue are dismissed.
In the result, appeal of the revenue is dismissed.
Order pronounced on 4/09/2019. Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER
Cuttack; Dated 4 /09/209 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : DCIT, Corporate Circle 1(1), Bhubaneswar
The Respondent. M/s. Kalinga Hospital Ltd., GD-2C, Nandankanan Road, C.S.Pur, Bhubaneswar 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT- 1, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// By order
Sr.Pvt.secretary ITAT, Cuttack
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