In High Court of Judicature at Madras Dated : 14.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.572 of 2019 Principal Commissioner of Income Tax-6, Chennai ...Appellant Vs M/s.Scope International Pvt.Ltd. (presently known as Standard Chartered Global Business Services Private Limited), Chennai-34. ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 18.3.2019 made in ITA.No.1864/Chny/2018 on file of Income Tax Appellate Tribunal, Madras 'B' Bench for assessment year 2012-13. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, JSC For Respondent: Mr.SP.Chidambaram Judgment was delivered by T.S.Sivagnanam,J We have elaborately heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel, assisted by Ms.K.G.Usharani, learned Junior Standing Counsel appearing for appellant Revenue and Mr.SP.Chidambaram, 1/4 TCA.No.572 of 2019 learned counsel accepting notice for respondent assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 18.3.2019 made in ITA.No. 1864/Chny/2018 on file of Income Tax Appellate Tribunal, Madras 'B' Bench for assessment year 2012-13. 3. Revenue has filed this appeal by raising following substantial questions of law : i. Whether Appellate Tribunal is correct in law in directing inclusion of surcharge and cess in MAT credit under Section 115JAA of Income Tax Act ? and ii. Whether Appellate Tribunal is correct in placing reliance on decision of Supreme Court in case of CIT Vs. K.Srinivasan [reported in (1972) 83 ITR 346], which was rendered in context of Section 2 of Act whereas Section 115JAA of Act was inserted subsequently with retrospective effect from 01.4.1997 ? 4. It is not disputed by learned Senior Standing Counsel for Revenue that in assessee's own case, Revenue filed appeal in TCA.No.369 of 2019 before this Court in respect of assessment for year 2009-10 and that said appeal was dismissed by us by judgment dated 19.6.2019. 5. Mr.T.R.Senthilkumar, learned Senior Standing Counsel for appellant submits that there is decision of Division Bench of 2/4 http://www.judis.nic.in TCA.No.572 of 2019 Calcutta High Court in case of Srei Infrastructure Finance Ltd. Vs. DCIT, Circle 11(2), Kolkatta [reported in (2016) 72 Taxmann.com 239], which was not placed before us when earlier appeal was heard. 6. In any event, judgment rendered by us in TCA.No.369 of 2019 dated 19.6.2019 in assessee's own case for earlier assessment year has become final and Revenue has not preferred any appeal. There is no material placed before this Court to show that Revenue has filed appeal before Hon'ble Supreme Court against our judgment. Hence, we are inclined to follow said decision in assessee's own case for earlier assessment year. 7. In light of above, above tax case appeal is dismissed. substantial questions of law are answered against Revenue. No costs. 14.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Madras 'B' Bench. RS 3/4 TCA.No.572 of 2019 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.572 of 2019 14.8.2019 4/4 Principal Commissioner of Income-tax-6, Chennai v. Scope International Pvt.Ltd. (presently known as Standard Chartered Global Business Services Private Limited)