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2020 (9) TMI 71 - AT - Income TaxRectification u/s 154 - excess MAT credit has been given to the assessee u/s. 115JAA - HELD THAT:- In the present case, the CIT(A) observed that the AO mentioned that there is no MAT credit for A.Ys. 2006-07 and 2007-08 and further, he opined that the assessee could not demonstrate what is the actual MAT credit available for the aforesaid two assessment years. Assessee even before CIT(A) pleaded that there may be direction to the AO to give appeal effect to order of Tribunal and CIT(A). Admittedly, this was not considered by the CIT(A) and there was no reference in the order passed u/s. 154 of the Act regarding availability of MAT credit for A.Ys. 2006-07 and 2007-08. Therefore, in our opinion unless the appeal effect is given, then only whether the MAT credit is available or not will be known, if the AO finds MAT credit on such examination, which can be carried forward to give credit in the year under consideration - we find force in the arguments of ld. AR and taking into consideration the discussion made above we remand the matter to the file of AO for its fresh consideration with the direction to compute the MAT credit available to the assessee in earlier years by giving effect to the orders of ITAT and CIT(A). Thus, the only ground raised by the assessee is allowed for statistical purpose.
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