TMI Blog2019 (8) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... sions 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Advocate Mr. Radhamohan Roy, Advocate for Income Tax/respondents The Court : Learned Senior Counsel appearing for the petitioner submits that the petitioner is engaged in the business of manufacturing and exporting synthetic blended yarn as a Government Recognised Export House. On 24th September, 2015 the petitioner filed its original income tax return for the Assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on 2nd August, 2016 the petitioner filed revised return under Section 139 of the Income Tax Act. In the revised return The ACT (CPC) did not grant credit for the surcharge and education cess on brought forwarded MAT credit by intimation dated 19th June, 2017 under Section 143(1). But in this case, the petitioner filed revisional application instead of appeal under Section 264 before the Principa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd set off of MAT credit. Surcharge and education cess do not fall within the category of income tax. Thus the intimation under Section 143(1) does not include surcharge and education cess and the entitlement of credit shall be on income tax only excluding surcharge and education cess. Heard both the parties. In my opinion, the respondent No. 2, being Principal Commissioner of Income Tax, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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