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2015 (1) TMI 927 - HC - Income TaxLevy of surcharge - AO charged surcharge at the rate of 10% under section 113 of the Act - CIT(A) deleted the addition - Held that:- CIT(A) was justified in deleting the surcharge levied by the Assessing Officer. The Tribunal confirming the decision of the CIT(A) came to the conclusion that for the block period under consideration there was no proviso to section 113 of the Act. We are not giving any elaborate reasons in view of the decision of the Apex Court in Vatika Township [2014 (9) TMI 576 - SUPREME COURT]. The Tribunal is justified in coming to the conclusion that surcharge could not be levied, as, on the date of search, such provision for levy of surcharge was not there on the Statute Book. - Decided in favour of assessee.
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