2023 (1) TMI 657

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....pondent : Sh. Jeetender Chand, Ld. Sr. DR ORDER PER BENCH : This appeal has been preferred by the Revenue Department against the order dated 24.08.2018, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-27, New Delhi (in short "Ld. Commissioner") u/s. 250 of the Income-tax Act, 1961 (in short 'the Act') for the assessment years 2016-17. 2. In this case, the As....

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.... not allowed by AO to be adjusted during the year under consideration. During the appellate proceedings, appellant has explained the facts, reproduced the legal provisions of relevant sections and relied on the recent judgment of Hon'ble ITAT Delhi in the case of Consolidated Securities Ltd. vs ACIT in ITA No. 3739/D/2015 dated 26.07.2018 wherein it is held that Surcharge and Education Cess ou....

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....ome after taking into account the amount of Surcharge and Education Cess. Hon'ble ITAT Delhi has also followed the ratio of Hon'ble Court in its decision in the case of Consolidated Securities Ltd. vs ACIT (supra) holding that the Surcharge and Education Cess has to be included while giving credit of the total tax amount paid by assessee. Since the issue is covered by the decisions of Hon&....

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....dated Securities Ltd. vs. ACIT (ITA No. 3739/Del/2015) dated 26.07.2018 and the judgment passed by Hon'ble Calcutta High Court in the case of Srei Infrastructure Finance Ltd., whereas it is a fact that the aforesaid judgments have been passed in the case of the companies and not in individual case, as involved in the instant case. Therefore, the said judgments are not applicable to the instant cas....