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2019 (3) TMI 1881 - AT - Income TaxInclusion of surcharge and education cess while computing MAT credit under Section 115JAA - HELD THAT:- For assessment year 2012-13, an identical issue came before this Tribunal in the assessee's own case [2018 (11) TMI 1640 - ITAT CHENNAI] wherein by placing reliance on the judgment of Apex Court in CIT v. K. Srinivasan [1971 (11) TMI 2 - SUPREME COURT] found that the surcharge and education cess are part of income-tax. This Tribunal has also found that the CIT(Appeals) has directed the Assessing Officer to verify the MAT credit. Since the CIT(Appeals) has no power to direct the Assessing Officer to verify the claim of the assessee, this Tribunal in exercise of its jurisdictional power conferred under Section 254(1) of the Act, directed the Assessing Officer to verify the claim of the assessee and thereafter allow the claim with regard to MAT credit. In view of the order of this Tribunal for assessment year 2009-10, the Assessing Officer shall verify the claim of the assessee and thereafter allow the claim with regard to MAT credit as in the case of assessment year 2012-13. Appeal of the Revenue stands dismissed.
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