Commissioner of Income-tax v. Vacment India
[Citation -2014-LL-1029]
Citation | 2014-LL-1029 |
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Appellant Name | Commissioner of Income-tax |
Respondent Name | Vacment India |
Court | HIGH COURT OF ALLAHABAD |
Relevant Act | Income-tax |
Date of Order | 29/10/2014 |
Assessment Year | 2011-12 |
Judgment | View Judgment |
Keyword Tags | rectification application • method of computation • education cess |
Bot Summary: | The Revenue has formulated the following question of law in support of the appeal: Whether the hon'ble Income-tax Appellate Tribunal has erred in law as well as, in the facts and circumstances of the case, in allowing the calculation of tax in violation of the provisions of the relevant Finance Act which prescribe calculation of tax as inclusive of cess and surcharge. Because without prejudice to the abovementioned grounds, if the credit of tax paid under section 115JAA is to be allowed after charging surcharge and education cess, then the credit which has been allowed of the taxes paid in the earlier year should also be inclusive of surcharge and education cess. The Commissioner allowed the appeal filed by the assessee by an order dated October 18, 2013, and directed the Assessing Officer to compute the gross tax liability on the assessee in accordance with the method of computation provided in ITR-6 for the assessment year 2011-12. In so far as is material, the relevant entries in the form are as follows: 3 Gross tax payable 3 Credit under section 115JAA of tax paid in earlier years 4 4 5 Tax payable after credit under section 115JAA 5 6 Surcharge on 5 6 Education cess, including secondary and higher 7 7 education cess on 8 Gross tax liability 8 The aforesaid entries leave no manner of ambiguity in regard to the method of computation of tax liability. Under entry 4, credit is required to be given under section 115JAA of the Act of the tax paid in earlier years. Entry 5 requires a computation of the tax payable after credit under section 115JAA of the Act. The matter is placed beyond doubt by the parenthesis, which indicates that tax payable under entry 5 is to be arrived at by deducting the credit under section 115JAA of the Act from the gross tax payable. |