TMI Blog2023 (1) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ITA No. 6936/Del/2018 - - - Dated:- 4-1-2023 - SHRI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHRI N. K. CHOUDHRY , JUDICIAL MEMBER For the Appellant : Sh. Mukesh Gupta, Ld. C.A. Ms. Neha Gupta, Ld. C.A. For the Respondent : Sh. Jeetender Chand, Ld. Sr. DR ORDER PER BENCH : This appeal has been preferred by the Revenue Department against the order dated 24.08.2018, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-27, New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied on several other judgments of different Courts as mentioned in its submissions wherein it is held that the income-tax includes Surcharge and Education Cess. 5.1 I have considered the facts of the issue and submissions of appellant. The issue that MAT credit u/s 115JAA r.w. section 115JB of the Act on account of Surcharge and Education Cess should be allowed or not, has been dealt with by Hon'ble Calcutta High Court in the case of M/s. Srei Infrastructure Finance Ltd wherein identical issue emerged and Hon'ble Court held that MAT credit u/s 115JAA brought forward from earlier years is to be set off against tax on total income after taking into account the amount of Surcharge and Education Cess. Hon'ble ITAT Delhi has al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 6. On the contrary, ld. AR submitted that the spirit of the provisions have to be taken into consideration, but not the persons. 7. We have given thoughtful consideration to the facts and circumstances of the case and observe that the ld. Commissioner not only considered the judgments referred to above, 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, Hon ble Apex Court in the case of CIT vs. K. Srinivasan (1972) 83 ITR 346(SC) clearly held that income tax would include surcharge and additional surcharge. Even otherwise we do not find any reason and/or material to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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