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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
Both the appeals of the Revenue are directed against the common order passed by the Commissioner of Income Tax (Appeals)-17, Chennai, dated 20.02.2017 and pertain to assessment years 2007-08 and 2012-13. Therefore, we heard both the appeals together and disposing of the same by this common order.
The only issue arises for consideration is whether the MAT credit under Section 115JAA of the Income-tax Act, 1961 (in short 'the Act') is for the entire tax, including Surcharge and Education Cess? In other words, whether Surcharge and Education Cess would form part of income-tax?
We heard Shri AR.V. Sreenivasan, the Ld. Departmental Representative and Shri S. Sridhar, the Ld.counsel for the assessee. Article 371 of the Constitution is provided for levy of Surcharge over and above the income-tax. The Apex Court in CIT v. K. Srinivasan (1971) 83 ITR 346 found that Surcharge, Special Surcharge and Additional Surcharge form part of income-tax.
Therefore, this Tribunal is of the considered opinion that Surcharge and Education Cess levied by the Union Government on the income-tax form part of income-tax. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, both the appeals filed by the Revenue stand dismissed.
Order pronounced on 28th December, 2017 at Chennai.