2023 (6) TMI 820

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....y Assessing Officer, Centralized Processing Centre ('CPC'), Bangalore, under section 154 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'), dated 30.12.2018. 2. The grounds of appeal raised by the assessee are as follows: "1. On the facts and circumstances of the case and in law, the Commissioner of income-tax (Appeals) ['CIT(A)'] erred in dismissing ground of appeal no.1 in respect of short-granting of set-off of MAT credit under section 115JAA of the Act by holding that the same does not arise from the order passed under section 154 of the Act. 2. On the facts and circumstances of the case and in law, the appellant prays that the set-off of MAT credit under section 115JA ought to be granted on the dif....

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....ied on several case law, therefore it cannot be rectified under section 154 of the Act. Since it is a debatable issue, therefore Ld. DR contended that the order passed by the Ld. CIT(A) should be upheld. 5. We have heard both the parties. We note that Ld. CIT(A) has passed a detailed and speaking order, which is reproduced below: "4. Ground No.1 is pertains to the issue whether MAT credit is excluding surcharge and education cess or not. The appellant has relied on the Hyderabad Tribunal and Kolkata Tribunal in the cases of Virtusa India (P) Ltd. and Bhagwati Oxygen Ltd. respectively. 4.1 However, this issue is not arising out of order u/s 154 but arising from order u/s 143(1). The reason for rectification, as given in ....