ACIT Corporate Circle 6(2), CHENNAI V. Scope International Pvt Ltd., CHENNAI

ITA 1864/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4451 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 04-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , !' #'$ % ! , & ' BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ' ./ ITA NO.1864/CHNY/2018 !( /ASSESSMENT YEAR: 2012-13 ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-6(2), CHENNAI. VS. M/S SCOPE INTERNATIONAL PVT. LTD., (PRESENTLY KNOWN AS STANDARD CHARTED GLOBAL BUSINESS SERVICES PVT. LTD.), 1 ST FLOOR, EUROPE BUILDING, NO.1, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI - 600 034. [PAN: AAECS 9043E] ( ) /APPELLANT) ( *+) /RESPONDENT) ) , - / APPELLANT BY : SHRI B.SAGADEVAN, JCIT *+) , - /RESPONDENT BY : SHRI S.P.CHIDAMBARAM, ADVOCATE . ! , /& /DATE OF HEARING : 18.03.2019 01( , /& / DATE OF PRONOUNCEMENT : 18.03.2019 2 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-15, CHENNAI (H EREINAFTER CALLED AS CIT(A)) DATED 28.02.2018 FOR THE ASSESSMENT YE AR (AY) 2012-13. ITA NO.1864/CHNY/2018 (AY: 2012-13) :- 2 -: 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS INCLU SION OF SURCHARGE AND EDUCATION CESS WHILE COMPUTING MAT CREDIT UNDER SECTION 115JAA OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 3. WE HEARD SHRI B. SAGADEVAN, THE LD. DEPARTMENTAL REPRESENTATIVE AND SHRI SP. CHIDAMBARAM, THE LD. COUNSEL FOR THE A SSESSEE. DURING THE COURSE OF HEARING, IT IS BROUGHT TO OUR NOTICE THAT FOR ASSESSMENT YEAR 2012-13, AN IDENTICAL ISSUE CAME BEFORE THIS TRIBUN AL IN THE ASSESSEE'S OWN CASE IN I.T.A. NO.200/CHNY/2018. THIS TRIBUNAL BY PLACING RELIANCE ON THE JUDGMENT OF APEX COURT IN CIT V. K. SRINIVASAN (1972) 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 VERIFY THE CLAIM OF THE ASSESSEE, THIS TRIBUNAL IN EXERCISE OF ITS JURISDIC TIONAL POWER CONFERRED UNDER SECTION 254(1) OF THE ACT, DIRECTED THE ASSES SING OFFICER TO VERIFY THE CLAIM OF THE ASSESSEE AND THEREAFTER ALLOW THE CLAIM WITH REGARD TO MAT CREDIT. IN VIEW OF THE ORDER OF THIS TRIBUNAL FOR ASSESSMENT YEAR 2009-10, THE ASSESSING OFFICER SHALL VERIFY THE CLA IM OF THE ASSESSEE AND THEREAFTER ALLOW THE CLAIM WITH REGARD TO MAT CREDI T AS IN THE CASE OF ASSESSMENT YEAR 2012-13. ITA NO.1864/CHNY/2018 (AY: 2012-13) :- 3 -: 4. WITH THE ABOVE DIRECTION, THE APPEAL OF THE REVE NUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH, 2019 IN CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( #'$ % ! ) (INTURI RAMA RAO) & /ACCOUNTANT MEMBER /CHENNAI, 3' /DATED: 18 TH MARCH, 2019 . EDN, SR. P.S 2 , */45 65(/ /COPY TO: 1. ) /APPELLANT 2. *+) /RESPONDENT 3. . 7/ ( )/CIT(A) 4. . 7/ /CIT 5. 5!89 */ /DR 6. 9: ; /GF