TMI Blog2019 (5) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... e indicates that the term income-tax as employed in Section 2 includes surcharges also the special and the additional surcharge whenever provided which are also surcharges within the meaning of Art. 271 of the Constitution. - Decided against revenue - ITA Nos. 177 & 178/Chny/2019 - - - Dated:- 17-5-2019 - Shri N.R.S. Ganesan, Judicial Member And Shri S. Jayaraman, Accountant Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification application u/s 154 of the Act filed before the AO is still pending. Therefore, the assessee filed the appeals before the CIT (A) against the rejection of its rectification application u/s 154 by the CPC. Assessee pleaded before the Ld. CIT (A) that its claim of inclusion of surcharge and educational cess payable on basic tax should have been considered while adjusting credit u/s 115JAA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2.1.) The Ld CIT (A) failed to appreciate that tax payable is to be arrived at by deducting MAT credit u/s 115JAA of the Act from gross tax payable and that surcharge and cess are to be computed tax payable . (2.2) The Ld CIT (A) failed to appreciate that section 115JAA does not specify the inclusion of surcharge and cess while giving MAT credit. (2.3) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ines of the Grounds of Appeal and pleaded that the orders of the CIT (A) be set-aside and that of the AO be restored. 5. Per contra, the Ld Authorized Representative of assessee relied on the orders of this Tribunal in the case of DCIT vs. M/s. Infastech Fasterning Technologies India Pvt Ltd (ITA No.2794/Chny/2017) dated 31/05/2018 wherein this Tribunal has extracted the head note i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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