MAT Vs Rebate U/S 88E

Tax queries 1248 views 1 replies

Whether the expression occuring in section 115JB "the income-tax, payable on the total income as computed under this Act" may be interpreted as 'income-tax payable before rebate u/s 88E'

OR

The legislature had meant it as 'income-tax payable after rebate u/s 88E'

In other words the Tax Payable as referred to in Section 115JB is the tax payable after rebate u/s 88E or before that. The query is related to AY 2006-07 & 2007-08.

Please apprise if any Case Law has been decided on the issue.

Replies (1)

It is Income Tax after rebate u/s 88E.. It is very much clear since the MAT liability arises only when the 'normal tax payable' under the IT Act exceeds 10% of Book Profits..

Normal Tax payable under the Income Tax Act cannot be arrived at unless rebate u/s 88E is given.


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