The assessee failed to claim the Minimum Alternate Tax (MAT) ...

Tribunal Allows MAT Credit Set-Off and Carry Forward Despite Initial Non-Claim by Assessee; Section 115JAA Clarified.

October 11, 2024

Case Laws     Income Tax     AT

The assessee failed to claim the Minimum Alternate Tax (MAT) credit in the original income tax return and did not file a revised return. The Assessing Officer (AO) did not set off the tax liability computed under normal provisions against the available MAT credit brought forward and disallowed carry forward of the balance MAT credit u/s 115JAA. The Tribunal held that as per Section 115JAA, there is no condition restricting allowance of MAT credit if it was not carried forward in the return. Since the total income was determined after appeal effect, the available MAT credit was eligible for set-off against tax payable under normal provisions, and the balance could be carried forward u/s 115JAA. The AO's action of not allowing set-off and carry forward of MAT credit was unjustified. The Tribunal set aside the CIT(A)'s order and directed the AO to allow set-off of tax liability with available MAT credit and carry forward the balance MAT credit after verification.

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