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2023 (1) TMI 657 - AT - Income TaxMAT credit of Surcharge and Education Cess - Adjustment while giving the MAT credit of earlier years - Credit of surcharge and education cess in the income of the Assessee - HELD THAT:- Commissioner not only considered the judgments referred but also perused the legal provisions of the relevant sections and the factual aspects of the case and then only decided the issue qua credit of surcharge and education cess in the income of the Assessee. Even otherwise, in the case of CIT vs. K. Srinivasan [1971 (11) TMI 2 - SUPREME COURT] clearly held that income tax would include surcharge and additional surcharge. Even otherwise we do not find any reason and/or material to contradict the findings of the Commissioner and hence considering the spirit of the provisions of Act as applicable to the instant case, are inclined not to interfere in the impugned order. Appeal filed by the Revenue stands dismissed.
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