Case Law (SC) -- The levy of the surcharge under proviso to Section 113 of the Income Tax Act is is now not res integra in view of the decision of this Court in the case of Vatika Township Private Limited 2015 (1) SCC 1

"While passing the impugned judgment and order, the High Court has relied upon earlier decision of this Court in the case of Suresh N. Gupta (supra). However, the said decision has been specifically overruled by this Court in the case of Vatika Township Private Limited (supra)

9.2 In view of the above, the question of law with respect to levy of the surcharge under proviso to Section 113 of the Income Tax   is   held   in favour   of   the   assessee   and   against   the revenue. It is observed and held that in the present case the assessee is not liable to pay the surcharge under proviso to Section   113   of   the   Income   Tax   Act.   To   that   extent   the impugned judgment and order passed by the High Court and the assessment order qua the surcharge under proviso to Section 113 of the Income Tax Act deserves to be quashed and set aside."

K.L. Swamy v. CIT , CA No. 3704/2012 dated 13.01.2023

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