tax credit scheme

Carry forward of MAT credit for how many years if there is contradiction between statutory provisions and circular issued

There is no ambiguity in the language of sub-section (3) of section 115JAA; the carry forward is available for a total of six (1+5) years; the period of `five assessment years', mentioned in sub-paragraph (2) of the paragraph 45.4 of the CBDT Circular No. 763 dated 18-2-1998, contradicts with what is stated in sub-section (3) of section 115JAA; it is trite law that statutory provisions prevail over a Circular in case of a contradiction between the two.
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