TMI Blog2021 (12) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... that the order passed by the CIT u/s 263(2) is hopelessly barred by limitation. The Tribunal rightly held that the period of limitation for the assessment year 2007-08 has to be reckoned from the date of the order passed by the AO under Section 143(3) read with Section 263 i.e. 8th December, 2011 and not from the date of the order passed by the AO under Section 143(3) read with Section 263 and 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-11. The revenue has raised the following substantial questions of law for consideration : a) Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in law in allowing the appeal of the assessee against the order passed under Section 263 on technical ground without justifying the legislative intent of Section 115 JB and 115 JAA of the Income Tax Act? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed on 08.12.2011 and in the appeal filed by the assessee against the said order, the limited issue involved was whether the MAT Credit allowed by the Assessing Officer should include the amount of surcharge and education cess as well. When the ld. CIT(Appeals) decided the said issue in favour of the assessee vide his appellate order dated 19.12.2012 the order dated 29.11.2012 was passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed was only increased by the Assessing Officer by the amount of surcharge and education cess while giving effect to the appellate order of the ld. CIT(Appeals). We find that the above fact recorded by the Tribunal is just and proper. That apart, we also find that the Tribunal took note of the decision of the Hon ble Supreme Court in CIT vs. Alagendran Finance Limited [211 CTR (SC) 69] and he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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