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TMI Blog2019 (4) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... ht to be rectified is an obvious patent mistake, which is apparent from the record and not a mistake which is required to be established by arguments and long drawn process of reasoning on points on which there may conceivably be two opinions. In view of the above and after considering the detailed findings of the Co-ordinate Bench in the case of the assessee, we do not find any merit in the Misc. Application of the assessee, therefore, the same is dismissed. Misc. Application of the assessee is dismissed. - M.A. No. 10/Ahd/2018 (Arising out of ITA No. 1740/Ahd/2014) - - - Dated:- 2-1-2019 - Shri Mahavir Prasad, Judicial Member And Shri Amarjit Singh, Accountant Member For the Assessee : Shri P.M. Mehta, A.R. For the Revenue : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded in that Section but if your Honors are of the view that the tax is inclusive of surcharge, your Honors may direct the A.O. that the MAT credit to be given in assessee's case shall also be increased by the amount of surcharge and education cess applicable to the said Income Tax amount. Before the Ld. CIT(A), the assessee had given Written Submissions along with the statement giving MAT credit allowable to the assessee, calculated on the basis of inclusive of surcharge and education cess for the earlier years. The said statement along with the Written Submissions filed before the Ld. CIT(A] is attached herewith and as per the said statement, the assessee would be entitled to MAT credit of ₹ 11,11,67,334 as against ₹ 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specific provision of the Finance Act, 2010 which has been elaborated as supra in this order. The rate of income tax and surcharge are charged from year to year as prescribed in the Finance Act. We are of the considered view that the Finance Act is a part of the Income Tax Act for the purpose of determining the rate of income tax to be charged from year to year. The provision of section 2(1) of the Finance Act 2010 read as under:- 2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2010, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in eac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon ble High Court s Calcutta in its pronouncement on the identical issue as elaborated supra in this order held that the decision of the Ld. CIT(A) to reduce credit u/s. 115JAA without including the surcharge and education cess simply on the basis of the ITR form no. 6 is erroneous. It was also mentioned that such nature of error occurred in the ITR form for assessment year 2008-09 which was corrected in the subsequent year in the ITR form of assessment year 2012-13. It is held by the Hon ble High Court that the wrong form of ITR-6 was wrong and naturally contrary to law. After considering the facts of the case and law, the judicial findings as laid down in the judicial pronouncements as supra we considered that in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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