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2019 (8) TMI 196 - HC - Income TaxMAT computation - MAT credit under Section 115JAA - refusal to allow credit for surcharge and education cess - Department submits that the term “Tax” as defined under MAT provisions in Section 115JB for calculating book profit cannot be extended to provisions for calculating carry forward and set off of MAT credit. Surcharge and education cess do not fall within the category of income tax - HELD THAT:- Respondent No. 2, being Principal Commissioner of Income Tax, for the same assessment year, that is assessment year 2015-2016, has not considered the order passed by the Commissioner (Appeals) on 1st September, 2016. While passing his order on 28th February, 2019, the respondent No. 2 considered the judgement in Srei Infrastructure Finance Ltd. Vs. Deputy Commissioner Of Income-Tax [2016 (8) TMI 967 - CALCUTTA HIGH COURT] but failed to distinguish why both the cases are found different from each other. For the above reasons, I quash the order dated 28th February, 2019 and remand the matter back to the respondent No. 2 being Principal Commissioner of Income Tax, to consider and pass a reasoned order after giving an opportunity of hearing to the petitioner, preferably within a period of eight weeks from date.
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