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2021 (12) TMI 1124 - AT - Income TaxSet off of MAT credit u/s.115JAA of brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess - HELD THAT:- We find that this issue is no longer res integra in view of the decision of the Hon’ble Calcutta High Court in the case of SREI Infrastructure Finance Ltd.,[2016 (8) TMI 967 - CALCUTTA HIGH COURT] and CIT vs. Vacment India [2014 (10) TMI 787 - ALLAHABAD HIGH COURT] wherein it was categorically held that surcharge and education cess are part of income tax. These High Court decisions were followed by series of the Tribunal decisions across the country and hence, this issue is no longer res integra. Respectfully following the aforesaid decisions, we hold that for the purpose of MAT credit to be carried forward to subsequent years, tax portion should include surcharge and education cess. Respectfully following the same, we do not find any infirmity in the order of the ld. CIT(A granting relief to the assessee. Accordingly, the grounds raised by the Revenue are dismissed.
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