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2009 (1) TMI 90 - HC - Income TaxTax credit u/s 115JAA - whether provisions of Section 154 of the Act can be invoked for withdrawing credit of MAT originally granted, or whether interest under Sections 234B and 234C of the Act can be charged after giving credit for MAT payment - without expressing any opinion on the merits, impugned order is quashed and set aside and restored to file of the Tribunal
Issues:
1. Interpretation of tax credit u/s 115JAA and calculation of interest u/s 234B and 234C. 2. Scope of Section 154 for rectification in interest calculation post adjustment of tax credit. Analysis: 1. The High Court addressed the first issue regarding the interpretation of tax credit u/s 115JAA and the calculation of interest u/s 234B and 234C. The Appellate Tribunal had to decide whether tax credit under section 115JAA should be allowed before calculating interest under sections 234B and 234C. The Court referred to a previous order and emphasized the importance of determining the true scope of powers available under Section 154 of the Act in this context. The Tribunal was criticized for not deciding this fundamental issue and was directed to reconsider the matter in light of the law. The Court did not express an opinion on the merits but quashed the impugned order and restored the case to the Tribunal for a fresh decision. 2. The second issue involved the scope of Section 154 for rectification in interest calculation after adjusting the tax credit. The Court reiterated the importance of understanding the powers available under Section 154 in the context of withdrawing the credit of MAT originally granted. The Tribunal's failure to address this issue led to the quashing of the impugned order and a direction to reconsider the matter in accordance with the law. The Court refrained from expressing any opinion on the merits but emphasized the need for a fresh decision on all contentions raised by the parties. The questions raised by the revenue remained unanswered as the appeal was disposed of accordingly.
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