9911796707
TMI Blog2021 (9) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... ision in assessee s own case by this Tribunal [ 2021 (7) TMI 207 - ITAT MUMBAI] held that while computing MAT credit u/s.115JAA of the Act, the tax should be inclusive of surcharge and cess. Similar views were taken by the Hon ble Calcutta High Court in the case of SREI Infrastructure Finance Ltd.[ 2016 (8) TMI 967 - CALCUTTA HIGH COURT] and in the case of DCIT vs. Scope International[ 2019 (8) TM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. This ground was stated to be not pressed at the time of hearing and accordingly, the same is reckoned as statement made from the Bar and dismissed as not pressed. 3. The ground No.2 raised by the assessee is only with regard to computation of set off of MAT credit u/s.115JAA of the Act i.e. whether it should be excluding surcharge and cess or including surcharge and cess. 4. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .115BBD of the Act at ₹ 1523,51,75,826/-. The ld. AO also computed book loss u/s.115JB of the Act at ₹ 2956,86,17,512/-. After passing of assessment order u/s.143(3) of the Act dated 23/01/2019, the ld. AO suo-moto passed the rectification order u/s.154 of the Act r.w.s. 143(3) of the Act on 25/01/2019 wherein MAT credit u/s.115JAA of the Act was given by the ld. AO to the extent of ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in the case of SREI Infrastructure Finance Ltd., vs. DCIT reported in 395 ITR 291(Cal) and the Hon'ble Madras High Court in the case of DCIT vs. Scope International Pvt. Ltd., in Tax Case Appeal No.588 of 2019 dated 16/8/2019. Respectfully following the aforesaid decisions, we allow the ground No.2 raised by the assessee on merits. 6. In the result, appeal of the assessee is partly al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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