Supreme Court of India

Commissioner of Income Tax, Chennai v. Tulsyan Nec Ltd.

Neutral citation
Reported as [2010] 14 S.C.R. 1114
Bench S.H. Kapadia, K.S. Panicker Radhakrishnan and Swatanter Kumar JJ.
Decided 16 December 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the above reasons, there is no merit in the civil appeals filed by the Department and the same are dismissed with no order as to costs.

Judgment, page 21

From the headnote

Income Tax Act, 1961: ss.115JAA, 234A, 2348, 234C - Minimum Alternate Tax (MAT) credit admissible in terms of s. 115JAA is to be set off against the tax payable before calculating interest u/ss. 234A, and of the Act. The question which arose for consideration in the instant appeals was whether MAT credit admissible in terms of Section 115JAA of the Income Tax Act, 1961 has to be set off against the tax payable (assessed tax) before calculating interest under Sections 234A, and of the Act. Dismissing the appeals, the Court HELD: 1. As per the provisions of Section 115JA of Income Tax Act,

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