MAT credit to be set off before computing advance-tax shortfall and liability for Section 234B/ 234C interest

Full Bench: whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating interest under Sections 234A, B and C of the Income Tax Act, 1961.

There is no provision under Section 115JAA which postpones the right of the assessee to claim set off to the determination of the total income by the A.O. in the first assessment year. Entitlement right to claim set off is different from the quantum quantification.

CIT Vs Tulsyan NEC Ltd. (Supreme Court)

Judgement

1. Leave granted.

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