2018 (9) TMI 794 - HC - Income Tax

Set off of MAT credit - before or after setting off the Tax Deducted at Source and Advance Tax paid - Whether MAT Credit can be given priority of set off against tax payable contrary to the scheme of Schedule G of Form 1? - Held that - The Substantial Questions of Law, asframed for consideration in this Appeal, are squarely covered against the Revenue, in the light of the decision of the Hon ble Supreme Court in the case of Commissioner of Income Tax vs. Tulsyan Nec Ltd Ltd. 2010 (12) TMI 23 - SUPREME COURT OF INDIA also followed in the case of Commissioner of Income Tax vs. Aban Loyd Chiles Offshore Ltd 2014 (4) TMI 1013 - MADRAS HIGH COURT as held that credit under Section 115JAA only should be given effect to and not to the tax and interest therefor and that interest under Sections 234A, 234B and 234C of the Act should be given after giving MAT credit under Section 115JAA. - credit under Section 115JAA should be given effect to before charging of interest under Sections 234A, 234B, 234C of the Act. - Decided in favour of assessee

Summary

Issues:
1. MAT credit set off before TDS and Advance Tax
2. Priority of MAT credit set off against tax payable

Analysis:

1. The High Court considered the appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal for the assessment year 2000-01. The substantial questions of law raised in the appeal were whether MAT credit should be set off before Tax Deducted at Source (TDS) and Advance Tax paid, and whether MAT credit can be given priority of set off against tax payable contrary to the scheme of Schedule G of Form 1.

2. The counsel for the Revenue conceded that the substantial questions of law were covered against the Revenue based on the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Tulsyan Nec Ltd Ltd. The Division Bench of the High Court, in a previous case, had also ruled against the Revenue in a similar matter, following the decision in the case of Commissioner of Income Tax vs. Tulsyan Nec Ltd. The court held that MAT credit under Section 115JAA should be given effect before charging interest under Sections 234A, 234B, and 234C of the Act.

3. Therefore, based on the precedents and decisions cited, the High Court dismissed the Tax Case Appeal, ruling in favor of the Assessee. The court upheld that MAT credit should be set off before TDS and Advance Tax paid, and that MAT credit can be given priority of set off against tax payable, in line with the legal provisions and previous judicial interpretations. The judgment concluded by stating that no costs were awarded in this matter.