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2020 (8) TMI 512 - AT - Income TaxCarry forward of MAT credit - Claim carried forward not been granted to the assessee on the plea that assessee has not claimed it in the return of income - HELD THAT:- According to us the Ld. CIT(A) erred in dismissing the appeal of the assessee citing that the issue i.e. carry forward of MAT credit is debatable. In the light of the Hon’ble Supreme court decision as well as the decision of the Tribunal cited we are of the opinion that carry forward of MAT credit ought to have been done automatically. Even though the Hon’ble Supreme court in Goetz (India) Ltd. [2006 (3) TMI 75 - SUPREME COURT] held that the AO is not competent to grant any claim without the assessee claiming it in its return of income u/s. 139(1) of the Act has specifically clarified that the embargo on the power of AO not to entertain claims which was not claimed by assessee while filing of return u/s 139(1) of the Act, is not there for the appellate authorities. Therefore, we admit the claim of the assessee regarding the claim of carry forward of MAT credit for AY 2015-16 and restore this issue back to the file of the AO so that the AO can verify the claim of the assessee and if found to be correct i.e. claim for carry forward MAT credit then the AO should allow the claim of the assessee in accordance to law. Needless to say the assessee should be given opportunity of being heard. Appeal of assessee is allowed for statistical purpose.
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