M/S KERALA FEEDS LIMITED,THRISSUR vs. DCIT CIR (1)(1) & TPS , THRISSUR
In the result, the assessee’s appeal is allowed
ITA 942/COCH/2022[2012-13]Status: DisposedITAT Cochin30 Jun 2023AY 2012-13
Bench: Shri Sanjay Arora, Am & Shri Aby T.Varkey, Jm
For Appellant: Sri. Varghese C.V., CA/ARFor Respondent: Smt.J.M.Jamuna Devi, Sr. DR
Section 115Section 115JSection 143Section 143(1)Section 144Section 147Section 154Section 155Section 2(45)Section 245D
…he manner in which the tax credit is to be allowed. 2.2 Both the sides before us relied on contrary decisions, reading which it transpires that even the Hon'ble High Courts have differed in the matter. While in Pr. CIT v. Scope International Pvt. Ltd. [2020] 429 ITR 500 (Mad) and SREI Infrastructure Finance Ltd. vs. Dy. CIT [2017] 395 ITR 291 (Cal), the Hon'ble High Courts have opined in favour of tax credit being inclusive of surcharge (and education cess), the Hon'ble Allahabad High Court in CIT v. Vacment India [2014] 369 ITR 304 (All) holds otherwise. The decisions by the Tribunal also lie on either side, wi…