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Set-off of MAT credit u/s 115JAA - surcharge and cess - The ...


Tribunal Orders Set-off of MAT Credit, Including Surcharge and Cess, Following Calcutta and Madras High Court Decisions.

July 6, 2021

Case Laws     Income Tax     AT

Set-off of MAT credit u/s 115JAA - surcharge and cess - The observation of the Ld.CIT(A) that the issue is debatable one is not sustainable - majority of the decisions including the decisions of the Hon'ble Calcutta High Court and Hon'ble Madras High Court are in favour of the assessee and therefore it cannot be said that it is a debatable issue. In the circumstances, respectfully following the above said decisions allowing the grounds of appeal of the assessee, we direct the Assessing Officer to allow set off of MAT credit inclusive of surcharge and education cess and recompute the tax payable by the assessee for the year under consideration - AT

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