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2014 (6) TMI 215 - AT - Income TaxLevy of Surcharge and education cess - MAT credit u/s 115JAA - minimum alternate tax - Held that:- There was no justification to interfere with the order of CIT(A) in allowing the appeal of the assessee - CIT(A) has correctly referred to the columns made in the IT return for the purpose of calculating the tax liability, which is specifically provided and is followed correctly by the CIT(A) - from next AY 2012-13, the position was changed – Following Universal Medicare P. Ltd, Capsulation Premises Versus ACIT LTU Mumbai [2014 (5) TMI 988 - ITAT MUMBAI] - The claim of the assessee is that is that MAT credit should first be reduced from the tax payable and thereafter on the residual amount the surcharge and education cess be levied - In the income tax Return from ITR-6, column no.4, the assessee is required to fill the credit u/s 115JAA of tax paid in earlier years and after which on the balance tax payable, the assessee has to fill the surcharge and educational cess for the purpose of arriving at the gross tax liability – there was no merit in the contention of the revenue – Decided against Revenue.
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