2021 (12) TMI 262

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.... Mr. P. K. Bhowmick, Adv. Mr. M. N. Bandopadhyay, Adv. ...for the appellant Mr. Abhrotosh Majumdar, Sr. Adv. Mr. Avra Majumdar, Sr. Adv. ...for the respondent ORDER The Court : This appeal of revenue filed under Section 260A of the Income Tax Act (the 'Act' in brevity) is directed against the order dated 6th April, 2016 passed by the Income Tax Appellate Tribunal, A-Bench, Kolkata (the 'T....

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.... 263 of the Act and set aside the order passed by the Assessing Officer on 8th December, 2011 under the guise of revising the assessment order dated 29th November, 2012. This aspect of the matter was considered by the Tribunal and the Tribunal has recorded the following findings: "8. ... It is pertinent to note here that the MAT Credit as per the provisions of section 115JAA was actually ....

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....11 was only increased by him by the amount of surcharge and education cess. The error, if any, in allowing the MAT Credit as alleged by the ld. CIT in his impugned order passed under section 263 thus was there in the order passed by the Assessing Officer under section 143(3) read with section 263 on 08.12.2011 whereby the MAT Credit was originally allowed and not in the order dated 29.11.2012 pass....