2024 (9) TMI 131 - AT - Income Tax

Tribunal Confirms MAT Credit Includes Surcharge and Education Cess for Assessment Year 2013-14, Rejects Revenue's Appeal.

The Tribunal dismissed the revenue's appeal, affirming the ld. CIT(A)'s order that surcharge and education cess should be included in calculating MAT ... MAT - Disallowance of excess MAT credit u/s 115JAA - surcharge and education cess - whether the amount of surcharge and education cess and secondary higher education cess should be reduced from the tax determined on total income of current year while considering the amount of MAT credit available from earlier years? - HELD THAT:- We find that the assessee has furnished the details of MAT credit available and utilized in different assessment years which we have recorded in para 3 of this order. From the details of MAT credit utilized during the year, we find that the assessee has utilized total MAT credit which is clearly discernible from the details in table in para 3 of this order. We find that the ld. CIT(A) while granting relief to the assessee has followed in Consolidated Securities Ltd. [2018 (7) TMI 1722 - ITAT DELHI] On careful perusal of said decision, we find that the issue in the present appeal is directly covered by the said decision wherein it was held that the amount of MAT credit available from earlier year inclusive of surcharge and education cess etc. should be reduced from the amount of tax determined on total income of current year after adding surcharge and education cess. Thus, respectfully following the decision of Consolidated Securities Ltd. [2018 (7) TMI 1722 - ITAT DELHI] no merits in the grounds of appeal raised by the revenue, thus we affirm the order of ld. CIT(A). Revenue appeal dismissed. Issues:Appeal against order of National Faceless Appeal Centre regarding disallowance of excess MAT credit claimed by the assessee under Section 115JAA of the Income Tax Act.Detailed Analysis:1. The appeal by the revenue challenged the order of the National Faceless Appeal Centre regarding the disallowance of excess MAT credit claimed by the assessee under Section 115JAA of the Income Tax Act for the Assessment Year 2013-14. The revenue contended that the ld. CIT(A) erred in deleting the addition of Rs. 6,69,259 made on account of disallowance of excess MAT credit due to surcharge and education cess not being included in the definition of tax as per Section 2(43) of the Act.2. The brief facts of the case revealed that the assessee, a transportation and clearing agent company, filed its return of income for A.Y. 2013-14, initially assessed under Section 143(3) of the Act. The assessment was revised by the ld. Pr.CIT under Section 263, disallowing excess MAT credit claimed by the assessee. Despite multiple show cause notices, the assessee did not respond, leading to the disallowance of Rs. 6,69,259 in the assessment order passed under Section 144 r.w.s. 263 of the Act.3. The assessee contended before the ld. CIT(A) that surcharge and education cess should be considered as part of income tax while computing MAT credit. The assessee provided details of MAT credit taken and utilized in various assessment years, relying on a decision of the Delhi Tribunal. The ld. CIT(A) accepted the assessee's argument, following the Delhi Tribunal's decision, and held that surcharge and cess should be included in computing MAT credit under Section 115JAA.4. The revenue, aggrieved by the ld. CIT(A)'s order, filed an appeal before the Tribunal. Despite the absence of the assessee, the Tribunal considered the submissions of the ld. Sr. DR for the revenue. The revenue argued that surcharge and education cess are not components of income tax, and the tax effect involved in the appeal was below the monetary limit set by the CBDT. However, the Tribunal noted that the issue was whether surcharge and education cess should be reduced from the tax while considering MAT credit from earlier years.5. The Tribunal found that the issue was straightforward, focusing on whether surcharge and education cess should be deducted from the tax determined on total income for computing MAT credit. Relying on the decision of the Delhi Tribunal in a similar case, the Tribunal upheld the ld. CIT(A)'s order, stating that surcharge and education cess should be included in calculating MAT credit. Consequently, the Tribunal dismissed the revenue's appeal, affirming the order of the ld. CIT(A).6. The Tribunal's decision was based on the precedent set by the Delhi Tribunal, emphasizing that MAT credit available from earlier years should include surcharge and education cess. As a result, the Tribunal found no merit in the revenue's grounds of appeal and upheld the order of the ld. CIT(A), dismissing the revenue's appeal.7. The Tribunal announced the decision on 12th February 2024, affirming the order of the ld. CIT(A) and dismissing the revenue's appeal challenging the disallowance of excess MAT credit claimed by the assessee.