2023 (6) TMI 820

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..... g Centre ('CPC'), Bangalore, under section 154 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'), dated 30.12.2018. 2. The grounds of appeal raised by the assessee are as follows: "1. On the facts and circumstances of the case and in law, the Commissioner of income-tax (Appeals) ['CIT(A)'] erred in dismissing ground of appeal no.1 in respect of short-granting of set-off of MAT credit under section 115JAA of the Act by holding that the same does not arise from the order passed under section 154 of the Act. 2. On the facts and circumstances of the case and in law, the appellant prays that the set-off of MAT credit under section 115JA ought to be granted on the difference between the tax payable as per normal provisions o .....

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..... on 154 of the Act. Since it is a debatable issue, therefore Ld. DR contended that the order passed by the Ld. CIT(A) should be upheld. 5. We have heard both the parties. We note that Ld. CIT(A) has passed a detailed and speaking order, which is reproduced below: "4. Ground No.1 is pertains to the issue whether MAT credit is excluding surcharge and education cess or not. The appellant has relied on the Hyderabad Tribunal and Kolkata Tribunal in the cases of Virtusa India (P) Ltd. and Bhagwati Oxygen Ltd. respectively. 4.1 However, this issue is not arising out of order u/s 154 but arising from order u/s 143(1). The reason for rectification, as given in the order u/s 154, are as under: "In case of the assessee for the above assessment .....

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..... sent appeal is against order u/s. 154 dated 30.12.2018." 6. We have gone through the above findings of Ld. CIT(A) and noted that the assessee's ground pertains to the issue whether MAT Credit is excluding surcharge and education cess or not. The Ld. CIT(A) rightly pointed out that assessee has not filed any appeal against order under section 143(1) of the Act and since the issue is a debatable issue therefore it cannot be rectified under section 154 of the Act, unless there is a mistake apparent from record. We have gone through the above findings of Ld. CIT(A), and noted that there is no infirmity in the order passed by Ld. CIT(A), therefore, we dismiss the appeal of the assessee. 7. In the result, appeal filed by the assessee is dismiss .....

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