2019 (8) TMI 196

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..... 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 year 2015-2016. ACIT (CPC) while p .....

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..... 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 Principal Commissioner of Income Tax Kolkata .....

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..... n 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, for the same assessment year, that is assessment year 2 .....

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