Tax credit u/s 115jaa

Tax queries 2432 views 5 replies

If my total tax liability comes to Rs. 10300 (Tax 10000 + cess 300),
then will I get tax credit of Rs. 10300 or Rs. 10000?
If I get tax credit of Rs. 10000, then do I need to pay the amount of Cess i.e Rs. 300?
 

Replies (5)

If you have sufficient MAT Credit, then u can setoff it against  the aggregate amount of Tax payable during the year plus Edu. cess.

Your query is not clear. Can you please mention the tax liability in normal and MAT separately and further please mention your MAT credit available for Set off. 

The Normal tax liability on total income = Rs. 10000

Cess on above                                           = Rs.  300

therefore, Total tax liability                        = Rs. 10300

Tax liability under MAT                               = NIL 

MAT credit available                                   = Rs. 100000

My question is,

whether we get credit u/s 115 JAA on Rs. 10000, before calculating cess; in which case the tax liability will be nil and thus no cess will be calculated.

OR

whether we get MAT credit after calculating cess, in which case Rs. 10000 will be deducted from Rs. 10300 and Rs. 300 would be the amount payable by us since MAT credit is not allowed on cess?

MAT Credit is available on Basic Tax plus Edu. cess

I'd really appreciate if you could quote a case law to support your answer.

In  Richa Global Exports Pvt. Ltd. case it was held that Mat credit would include only income tax and not surcharge and education cess.


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