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Income Tax

S. 115JB – MAT- Assessee not eligible for credit of Surcharge & Cess paid

Case Law Details

TaxGuru Citation
2012 taxguru.in 1221
Case Name
Richa Global Exports Pvt. Ltd. Vs Assistant Commissioner of Income-tax (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
Courts
ITAT Delhi
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IN THE ITAT DELHI BENCH ‘F’

Richa Global Exports Pvt. Ltd.

v/s.

Assistant Commissioner of Income-tax

IT Appeal No. 2303 (Delhi) of 2012

[Assessment year 2010-11]

August 31, 2012

ORDER

T.S. Kapoor, Accountant Member 

This is an appeal filed by the assessee against the order of Ld CIT(A) dated 27.2.2012. The grounds raised by the assessee are as under:-

1. That on the facts and circumstances of the case, the Ld CIT(A) has grossly erred:

 (a)  In allowing credit of MAT of the previous year u/s 115JAA at Rs. 56,05,585/-. (Pl. see Sl. No.22 of Intimation) only as against the sum of Rs. 63,51,128/- paid as per Schedule Part B of TTI of ITR 6 of previous year resulting in not allowing the credit of MAT u/s 115 JAA at Rs. 5,60,559/- and Rs. 1,84,984/- being the amount of surcharge and education cess (Part B of TTI of ITR 6 of previous year) which were paid in the previous year and credit of the same has to be allowed along with the sum of Rs. 56,05,585/- in this year for which records are available with the department.

 (b)  For the purpose of calculating interest u/s 234B & 234C ignoring from the computation the amount of surcharge and education cess etc. under MAT of the previous year paid at Rs. 5,60,559/- and Rs. 1,84,984/-.

 (c)  As a result in creating/charging extra demand of Rs. 8,74,195/- (Rs. 8,62,225/- + Rs. 11,970/-) while processing the return of income u/s 143(1) by doing/committing following mistakes:-

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