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TMI Blog2016 (7) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... n mentioned therein. When the legislature has mentioned the words ‘super-tax’ and ‘fringe benefit tax’, then, it could have also mentioned the words ‘surcharge’ and ‘education cess’ as well, if there was any intention to include them in the word ‘tax’. Thus, in our view, surcharge and education cess shall not be include in word ‘tax’ for the purpose of examining of tax effect as envisaged in circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arguments were made by Shri Vijay Mehta, Authorised Representative (AR) on behalf of the Assessee and by Shri B.B. Rajendra Prasad, Departmental Representative (DR) on behalf of the Revenue. 3. In this case Ld. Counsel of the assessee at the very outset brought to our notice that tax effect in this case is for ₹ 9,35,762/- and therefore, this appeal was not maintainable in view of Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also gone through the aforesaid circular as well as sub-section (43) of section 2 of the Act which defines word tax . It is noted that the identical issue came up before the Hon ble Chennai Bench wherein Hon ble Bench held as under: We find that in clause (4) of Instruction No.5 of 2008 dated 15th May, 2008 of CBDT, tax effect is defined as under:- 4. For this purpose, tax effect mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1961, it runs as under:- (43) tax in relation to the assessment year commencing on the 1 st day of April, 1965, and any subsequent assessment year means income-tax chargeable under the provisions of this Act, and in relation to any other assessment year income-tax and super-tax chargeable under the provisions of this Act prior to the aforesaid date [and in relation to the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er-tax and fringe benefit tax , then, it could have also mentioned the words surcharge and education cess as well, if there was any intention to include them in the word tax . Thus, we respectfully agree with the decision taken by the Chennai Bench. In our view, surcharge and education cess shall not be include in word tax for the purpose of examining of tax effect as envisaged in circula ..... X X X X Extracts X X X X X X X X Extracts X X X X
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