COMMISSIONER OF INCOME TAX CHENNAI Vs. TULSYAN NEC LTD
LAWS(SC)-2010-12-49
SUPREME COURT OF INDIA
Decided on December 16,2010

COMMISSIONER OF INCOME TAX, CHENNAI Appellant
VERSUS
TULSYAN NEC LTD. Respondents

JUDGEMENT

S.H. Kapadia, C.J.I- - (1.) Leave granted.
(2.) The issue involved in this batch of civil appeals, by special leave, filed by the Department relates to the question whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating interest under Sections 234A, B and C of the Income Tax Act, 1961 (the Act).
(3.) At the outset, it may be stated that there is no dispute in regard to eligibility of the Assessee for set off of tax paid under Section 115JA. The dispute is only in regard to priority of adjustment for the MAT credit.;


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