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“MAT credit”

Special Rate ProvisionsSection 115JAASection 115JAA334 judgments

The decision most relied on for MAT credit is CIT v. K. Srinivasan (83 ITR 346), cited in 129 judgments on BharatTax.

Leading authorities on MAT credit

CIT v. K. Srinivasan
83 ITR 346 · 1972 · Supreme Court
129
citing judgments

The term 'tax' includes surcharge and cess. Surcharge and additional surcharge are considered components of income tax, which can be levied as a basic charge, surcharge, special surcharge, and additional surcharge.

Rain Commodities Ltd. v. DCIT
41 DTR 449 · 2010 · ITAT
71
citing judgments

The ITAT Special Bench in Rain Commodities Ltd. held that certain capital receipts, such as forfeited share warrants, if credited to the profit and loss account, are liable for book profits tax under Section 115JB (Minimum Alternate Tax).

Allied Motors v. CIT
297 ITR 322 · 2008 · Supreme Court
59
citing judgments

An amendment to a section is declaratory and clarifies the existing legal position, rather than introducing a new rule.

CIT v. Tulsyan NEC Ltd.
330 ITR 226 · 2011 · Supreme Court
39
citing judgments

A form prescribed under the Income-tax Rules cannot override the parent statute; the set-off of MAT credit balance against tax is not dependent on the computation of interest under section 234B.

Allied Motors (supra); CIT v. Raman Lal Hathi
217 CTR 105 · Reported
28
citing judgments

Amendments to Sections 234A, 234B, and 234C of the Income-tax Act, 1961, are curative and have retrospective effect, intended to clarify and remove anomalies. Minimum Alternate Tax (MAT) credit must be set off against tax payable before computing advance tax liability to avoid absurd results.

Finance Ltd. v. DCIT
395 ITR 291 · 2017 · High Court
26
citing judgments

MAT credit granted under section 115JAA should be inclusive of surcharge and cess.

CIT v. Vacment India
369 ITR 304 · 2014 · High Court
23
citing judgments

The High Court holds that tax credit cannot be claimed on surcharge and education cess. The calculation of MAT credit should be done after applying surcharge and education cess.

SREI Infrastructure Finance Ltd. v. DCIT
72 Taxmann.com 239 · 2016 · High Court
15
citing judgments

MAT credit under Section 115JAA must be set off against the total tax liability, including surcharge and cess. This implies that cess forms part of the tax for the purpose of MAT credit adjustment.

Judgments citing MAT credit

Dabur India Limited, Delhi vs. ACIT/DCIT, Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 3085/DEL/2025[2021-22]Status: DisposedITAT Delhi10 Dec 2025AY 2021-22

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Dabur India Limited, Vs. Acit, Circle 7 (1), 8/3, Asaf Ali Road, Delhi. Delhi – 110 002. (Pan : Aaacd0474C) (Appellant) (Respondent) Assessee By : Shri Chandan Agarwal, Ca Revenue By : Shri Dayainder Singh Sidhu, Cit Dr Date Of Hearing : 17.09.2025 Date Of Order : 10.12.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Addl./Jcit (A), Kochi [“Ld. Jcit(A)”, For Short] Dated 17.03.2025 For The Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “1. That The Ld. Cit(A) Has Erred On Facts & In Law In Holding That The Appeal Filed Against Order Passed U/S 143(1) Is Infructuous As The Order Is Merged With The Assessment Order Passed U/S 143(3) R.W.S 144C(3) R.W.S 144B. 2. That The Order Of The Ld. Cit(A) Is Bad In Law As No Opportunity Of Being Heard Was Granted To The Appellant.

For Appellant: Shri Chandan Agarwal, CAFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 154Section 35Section 35(1)Section 35(1)(iv)Section 80G

intimation order u/s 143(1)(a) of the Act was passed by the CPC by disallowing deduction claimed u/s 35(1) and not allowed MAT credit to the assessee. Aggrieved with the same, assessee filed a rectification application u/s 154 of the Act and the same was not acted upon

Assimilate Solutions India Pvt. Ltd., Delhi vs. DCIT Circle, 1(1), Delhi

In the result, the ground raised by the assessee in this regard is dismissed

ITA 5357/DEL/2024[2021-22]Status: DisposedITAT Delhi15 Oct 2025AY 2021-22

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarassimilate Solutions India Private Limited, Vs. Dcit/Acit, C/O Sanjiv Sapra & Associates Llp, Circle 1 (1), Chartered Accountants, New Delhi. C – 763, New Friends Colony, New Delhi – 110 025. (Pan :Aakca4501H) (Appellant) (Respondent) Assessee By : Shri Sanjiv Sapra, Ar Revenue By : Shri Dharam Veer Singh, Cit Dr Date Of Hearing : 30.07.2025 Date Of Order : 15.10.2025 Order Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against Assessment Order Dated 31.12.2015 Passed By The Assessment Unit, Income Tax Department Under Section 143(3) Read With Section 144C(13)R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2021-22 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act. 2. M/S. Assimilate Solutions India Private Limited, The Assessee Was Incorporated On 19.04,2012 & Is Engaged In The Business Of Providing

For Appellant: Shri Sanjiv Sapra, ARFor Respondent: Shri Dharam Veer Singh, CIT DR
Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)

final assessment order dated 26.09.2024 has erroneously/incorrectly: a. Charged surcharge @12% instead of applicable 7% on income tax as payable; b. Restricted the MAT Credit to Rs. 42,15,300 instead of brought forward MAT credit of Rs.1 ,93,85,826 as was available under section 115JAA ... Surcharge erroneously/incorrectly taken @12% instead of applicable 7% on income tax as payable (refer to computation attached with impugned final assessment order); b) MAT Credit incorrectly restricted to Rs. 42,15,299 instead of taking into accountant absorbed brought forward MAT credit of Rs.1,93,85,802 as was available