DCIT, CIRCLE - 3(1), KOLKATA vs. M/S. MAITHAN ALLOYS LTD., KOLKATA

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ITA 1731/KOL/2019Status: DisposedITAT Kolkata27 November 2019AY 2015-162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal. The first ground regarding MAT credit was dismissed as the Revenue's representative could not point out any factual mistake. The second and third grounds were dismissed as not maintainable as the CIT(A) had not granted any relief on those issues.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing MAT credit in full and deduction for education cess. The assessee did not appear for the hearing.

What were the issues?

Whether the CIT(A) was justified in allowing MAT credit in full without remanding to AO and whether deduction for education cess was allowable.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: Shri J. Sudhakar Reddy, Hon’ble & Shri Aby T. Varkey, Hon’ble]

order : November 27th, 2019 O R D E R Per J. Sudhakar Reddy, AM :- This appeal filed by the revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 1, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 27/02/2019, for the Assessment Year 2015-16.

2.

None appeared on behalf of the assessee. There is no petition for adjournment either. Under these circumstances, we dispose off the case ex-parte qua the assessee after hearing the ld. Departmental Representative.

3.

Ground No. 1, reads as follows:- “Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was justified in allowing the MAT credit in full of Rs.4,58,08,065/- instead of Rs.4,04,30,772/- by accepting the evidences furnished by the assessee at the appeal stage without remanding the matter back to the A.O. for verification? 3.1. The ld. D/R was not able to point out the factual mistake in the order of the ld. CIT(A) allowing MAT credit in full. In the absence of such specific pleadings, this ground of the revenue is dismissed.

4.

Ground No. 2 and 3 are against the allowance of deduction of education cess paid.

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