2019 (7) TMI 1933

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....o as 'Act'), relating to assessment year 2012-13.  2. The grounds raised by the Revenue read as under: "(i) Whether' in the facts and circumstances of the case, the order of Ld. CITA) is not perverse in setting aside the issue and directing the AO to verify the claim of the assessee and compute the MAT whereas the issue of computation of book profit and MAT is pending before him vide order of Hon'ble ITAT in ITA No.1241/Chd/2017 dated 22.01.2018? (ii) Whether in the facts and circumstances of the case the order of Ld.CITA) is not perverse in setting aside the issue and directing the AO to verify the claim of the assessee and compute the MAT without adjudicating all the facts which were available before him? ....

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....acts and circumstances of the case, the order of Ld. C1T(A) is not perverse in directing the AO to verify the claim of the assessee and compute the MAT when the taxpayer was claiming brought forward MAT credit which can be allowed if the tax payable is under other provisions is more than the MAT, whereas in this year tax had been paid/payable per MAT? (viii) Whether in the facts and circumstances of the case, the order of Ld. CIT(A) is not perverse in accepting tax payer's reliance on the decision of the Hon'ble SC in CIT Vs. Kamataka soaps and detergents which is not applicable to the case of the assessee as the assessee had made no claim in the return of income? (ix) It is prayed that the order of Ld. CIT(A) be set aside....

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....O raised the demand at Rs. 10,47,14,270 against assessee vide Notice of demand dated 28.12.2017 under section 156 without issuing any tax computation sheet. There is nothing in the assessment order to indicate as to how the demand of Rs. 10,47,14,270/- has been computed on regular income of Rs.10,01,28924/- computed by the AO and Nil book profit. There is no indication as to how the demand has exceeded even the assessed income and how much credit has been allowed for taxes paid by way of TDS, Advance Tax, Self assessment tax, Post assessment tax and out of accumulated MAT credit. The AO may be directed to take the book profit at Rs. 5,51,89,019 and compute MAT. Further the AO may be directed to compute tax payable/refundable after giving cr....