DCIT Corporate Circle 6(2), CHENNAI V. Scope International Private Limited, CHENNAI

ITA 1670/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9244 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR M SRINIVASA RAO

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1670/CHNY/2018 ) *) / ASSESSMENT YEAR : 2010-11 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(2), CHENNAI - 600 034. V. M/S SCOPE INTERNATIONAL PVT. LTD., (PRESENTLY KNOWN STANDARD CHARTED GLOBAL BUSINESS SERVICES PVT. LTD.), 1 ST FLOOR, EUROPE BUILDING, NO.1, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI - 600 034. PAN : AAECS 9043 E (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : DR. M. SRINIVASA RAO, CIT ./,- 0 1 / RESPONDENT BY : SH. SP. CHIDAMBARAM, ADVOCATE 2 0 3% / DATE OF HEARING : 14.03.2019 45* 0 3% / DATE OF PRONOUNCEMENT : 01.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -15, CHENN AI, DATED 30.01.2018 AND PERTAINS TO ASSESSMENT YEAR 2010-11. 2 I.T.A. NO.1670/CHNY/18 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS INCLU SION OF SURCHARGE AND EDUCATION CESS WHILE COMPUTING MAT CR EDIT UNDER SECTION 115JAA OF THE INCOME-TAX ACT, 1961 (IN SHOR T 'THE ACT'). 3. WE HEARD DR. M. SRINIVASA RAO, THE LD. DEPARTMEN TAL REPRESENTATIVE AND SH. SP. CHIDAMBARAM, THE LD.COUN SEL FOR THE ASSESSEE. DURING THE COURSE OF HEARING, IT IS BROU GHT TO OUR NOTICE THAT FOR ASSESSMENT YEAR 2009-10, AN IDENTICAL ISSU E CAME BEFORE THIS TRIBUNAL IN THE ASSESSEE'S OWN CASE IN I.T.A. NO.200/CHNY/2018. THIS TRIBUNAL BY PLACING RELIANC E ON THE JUDGMENT OF APEX COURT IN CIT V. K. SRINIVASAN (197 2) 83 ITR 346, FOUND THAT THE SURCHARGE AND EDUCATION CESS ARE PAR T OF INCOME-TAX. THIS TRIBUNAL HAS ALSO FOUND THAT THE CIT(APPEALS) HAS DIRECTED THE ASSESSING OFFICER TO VERIFY THE MAT CREDIT. SINCE THE CIT(APPEALS) HAS NO POWER TO DIRECT THE ASSESSING OFFICER TO VER IFY THE CLAIM OF THE ASSESSEE, THIS TRIBUNAL IN EXERCISE OF ITS JURI SDICTION CONFERRED UNDER SECTION 254(1) OF THE ACT, DIRECTED THE ASSES SING OFFICER TO VERIFY THE CLAIM OF THE ASSESSEE AND THEREAFTER ALL OW THE CLAIM WITH REGARD TO MAT CREDIT. IN VIEW OF THE ORDER OF THIS TRIBUNAL FOR ASSESSMENT YEAR 2009-10, THE ASSESSING OFFICER SHAL L VERIFY THE 3 I.T.A. NO.1670/CHNY/18 CLAIM OF THE ASSESSEE AND THEREAFTER ALLOW THE CLAI M WITH REGARD TO MAT CREDIT AS IN THE CASE OF ASSESSMENT YEAR 2009-1 0. 4. WITH THE ABOVE DIRECTION, THE APPEAL OF THE REVE NUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 1 ST APRIL, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 1 ST APRIL, 2019. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-15, CHENNAI-34 4. PRINCIPAL CIT- 6, CHENNAI 5. 9< .3 /DR 6. ) = /GF.