Tribunal Allows MAT Credit Set-Off and Carry Forward Despite Initial Non-Claim by Assessee; Section 115JAA Clarified.

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....The assessee failed to claim the Minimum Alternate Tax (MAT) credit in the original income tax return and did not file a revised return. The Assessing Officer (AO) did not set off the tax liability computed under normal provisions against the available MAT credit brought forward and disallowed carry forward of the balance MAT credit u/s 115JAA. The Tribunal held that as per Section 115JAA, there is no condition restricting allowance of MAT credit if it was not carried forward in the return. Since the total income was determined after appeal effect, the available MAT credit was eligible for set-off against tax payable under normal provisions, and the balance could be carried forward u/s 115JAA. The AO's action of not allowing set-off and car.........