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The ITAT held that under section 115JAA, the term "tax" includes education cess and any surcharge or cess levied on tax, as per Explanation (3) to section 40(a)(ii). Consequently, credit for education cess must be allowed against MAT liability to prevent double payment. The Tribunal reversed the CIT(A)'s order denying such credit. Additionally, the ITAT allowed the appeal regarding refund of excess DDT paid, directing the assessee to furnish evidence of dividend received and DDT paid by the subsidiary. The AO was instructed to grant the refund in accordance with section 115-O(1A) and relevant judicial precedent. Both grounds were allowed, resulting in relief to the assessee on MAT credit and DDT refund claims.
The ITAT held that under section 115JAA, the term "tax" includes education cess and any surcharge or cess levied on tax, as per Explanation (3) to section 40(a)(ii). Consequently, credit for education cess must be allowed against MAT liability to prevent double payment. The Tribunal reversed the CIT(A)'s order denying such credit. Additionally, the ITAT allowed the appeal regarding refund of excess DDT paid, directing the assessee to furnish evidence of dividend received and DDT paid by the subsidiary. The AO was instructed to grant the refund in accordance with section 115-O(1A) and relevant judicial precedent. Both grounds were allowed, resulting in relief to the assessee on MAT credit and DDT refund claims.
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