2019 (5) TMI 1127

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....har Dora, JCIT For the Respondent : Mr. R. Vijayaraghavan, Advocate ORDER PER S. JAYARAMAN, ACCOUNTANT MEMBER: The Revenue has filed these appeals against the consolidated order of the Ld CIT (A)-15, Chennai in ITA No. 48/CIT(A)-15/2017-18 and ITA No. 432/CIT(A)-15/2016-17 for the Assessment Years 2015-16 and 2016-17 respectively. 2. While processing the returns filed by the assesse....

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....ngepond Technologies Private Limited and the decision of the CIT-V, Chennai in the case of Sanmar Speciality Chemicals Limited (group company of the assessee). The Ld CIT (A) following the above decisions directed the AO to include surcharge and cess payable on basic tax while adjusting credit u/s 115JAA of the Act for both the assessment years. 3. Aggrieved against those orders, the Revenue fi....

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....ann.com 1) that surcharge and education cess do no form part of MAT credit. (2.4) The Ld CIT (A) failed to appreciate that the Revenue has filed an appeal before the Hon'ble Madras High Court against the order of the Hon'ble Tribunal in the case of DCIT vs. Saint Gopain Gyproc Ltd in ITA No. 2122/Mds/2015, which is still pending. (3) For these and other grounds that may b....

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....s employed in s. 2 includes surcharge s also the special and the additional surcharge whenever provided which are also surcharges within the meaning of Art. 271 of the Constitution." and dismissed the Revenue's appeal. 6. Relying on the above decision of the Tribunal, the ld Authorised Representative of assessee submitted that the decision rendered by the Ld CIT (A) does not require an....