ACIT, CHENNAI V. Chettinad Cement Corporation Ltd., CHENNAI

ITA 1202/CHNY/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5592 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 15-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , . !' , $ % BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NOS.1201 & 1202/MDS/2017 ' (' / ASSESSMENT YEARS : 2007-08 & 2012-13 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(2), CHENNAI - 600 034. V. M/S CHETTINAD CEMENT CORPORATION LTD., RANI SEETHAI HALL, IV FLOOR, 603, ANNA SALAI, CHENNAI - 600 006. PAN : AAACC 3130 A (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT ,-*+ . / / RESPONDENT BY : SHRI S. SRIDHAR, ADVOCATE 0 . 1$ / DATE OF HEARING : 13.12.2017 2!( . 1$ / DATE OF PRONOUNCEMENT : 28.12.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGAI NST THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCOME T AX (APPEALS)-17, CHENNAI, DATED 20.02.2017 AND PERTAIN TO ASSESSMENT YEARS 2007-08 AND 2012-13. THEREFORE, W E HEARD BOTH 2 I.T.A. NOS.1201 & 1202/MDS/17 THE APPEALS TOGETHER AND DISPOSING OF THE SAME BY T HIS COMMON ORDER. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS WHETH ER THE MAT CREDIT UNDER SECTION 115JAA OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT') IS FOR THE ENTIRE TAX, INCLUDING SURCHAR GE AND EDUCATION CESS? IN OTHER WORDS, WHETHER SURCHARGE AND EDUCAT ION CESS WOULD FORM PART OF INCOME-TAX? 3. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE AND SHRI S. SRIDHAR, THE LD.COUNSEL FOR THE ASSESSEE. ARTICLE 371 OF THE CONSTITUTION IS PROVI DED FOR LEVY OF SURCHARGE OVER AND ABOVE THE INCOME-TAX. THE APEX COURT IN CIT V. K. SRINIVASAN (1971) 83 ITR 346 FOUND THAT SURCH ARGE, SPECIAL SURCHARGE AND ADDITIONAL SURCHARGE FORM PART OF INC OME-TAX. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT SURCHARGE AND EDUCATION CESS LEVIED BY THE UNION GOVERNMENT O N THE INCOME-TAX FORM PART OF INCOME-TAX. THEREFORE, THI S TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 3 I.T.A. NOS.1201 & 1202/MDS/17 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE STAND DISMISSED. ORDER PRONOUNCED ON 28 TH DECEMBER, 2017 AT CHENNAI. SD/- SD/- (. !' ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 28 TH DECEMBER, 2017. KRI. . ,156 76(1 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. 0 81 () /CIT(A)-17, CHENNAI 4. CIT (LTU), CHENNAI. 5. 69 ,1 /DR 6. :' ; /GF.