NATIONAL ASSOCIATION OF INTERLOCKING SURGEONS,SOLAPUR, MAHARASHTRA vs. THE ITO, EXEMPTION WARD 1(2), PUNE, PUNE, MAHARASHTRA

ITA 2560/PUN/2024Status: DisposedITAT Pune12 February 2025Bench: DR.MANISH BORAD (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the assessee, being a charitable trust with no defined individual shares for its beneficiaries, should be taxed at normal rates and not the MMR. The Tribunal followed CBDT Circular No. 320 and various judicial precedents.

What were the facts?

The assessee, a charitable trust, filed its return of income which was processed by the CPC, calculating tax at the Maximum Marginal Rate (MMR). The assessee's application for rectification under Section 154 to charge tax at normal rates was rejected by the AO and CIT(A).

What were the issues?

The primary issue was whether the assessee's income was chargeable to tax at normal rates or the Maximum Marginal Rate, and whether the rejection of the rectification application was justified.

Which sections of the Income-tax Act were involved?

Section 154,Section 167B

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Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE

Before: DR.MANISH BORAD

For Appellant: Shri C.H. Naniwadekar
For Respondent: Shri Sanjay K. Dhivare
Hearing: 05.02.2025Pronounced: 12.02.2025

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

The captioned appeals pertaining to Assessment Years 2010-11, 2014-15 and 2016-17 at the instance of assessee are directed against the separate orders dated 09.10.2024 passed by Addl/JCIT(A)-3, Bengaluru u/s.250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) which in turn are arising out of respective Rectification Orders passed u/s.154 of the Act.

2.

Since the issues raised by the assessee are common for the three assessment years under appeal, I proceed to dispose of these appeals by way of this consolidated order for the sake of convenience.

3.

I take up the a

The order continues below.

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