M/S. PARSEE GYMKHANA,MUMBAI vs. ACIT-CIRCLE 18(2), MUMBAI
What did the Tribunal hold?
The Tribunal restored the issue to the Assessing Officer for fresh adjudication. This was based on the assessee's submission that for the same AY 2014-15, the assessment was completed without applying Section 167B, and the revenue representative agreed to this approach.
What were the facts?
The assessee, a club, filed its return of income as an Association of Persons (AOP) for AY 2014-15. Previously, it was taxed at AOP slab rates, but electronic filing software automatically applied the maximum marginal rate.
What were the issues?
Whether the income of the assessee club should be taxed at the maximum marginal rate under Section 167B or at the slab rates applicable to an AOP.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C‘ BENCH
Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESH
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai in appeal No.CIT(A)-53/IT-376/ACIT-18(2)/2018-19 dated 18/06/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 05/12/2016 by the ld. Asst. Commissioner of Income Tax 18(2), Mumbai (hereinafter referred to as ld. AO).
The only effective issue to be decided in the instant appeal is that whether the income of the assessee club would be taxable at maximum marginal rate u/s.167B of the Act or at slab rates applicable to Association Of Persons (AOP).
We have heard rival submissions and perused the materials available on record. We find that the assessee formed Members Club on 25/02/1885. The assessee is managing a Gymkhana namely “Parsee Gymkhana” located at New Marine Lines, Mumbai. The assessee filed its return of income for the A.Y.2014-15 on 24/07/2014 electronically declaring total income of Rs.1,36,86,560/- in the status of AOP wherein the tax rate was automatically picked up to be chargeable at maximum marginal rate by the income tax return filing software. The ld. AR pleaded that till A.Y.2010-11, where the returns were filed manually before the Income Tax department, the assessee club had been offering income to tax at slab rates applicable to AOP and which was accepted by the department. However, commencing from A.Y.2011-12 onwards, when electronic filing was made mandatory, once the status of the assessee is accepted as AOP, the ld. AR pleaded that the return filing software automatically taxes the income to be chargeable at maximum chargeable rate. The ld. AR also stated that in the A.Y.2014-15, assessment was completed u/s.143(3) of the Act wherein assessee was charged tax only at slab rates and provisions of Section 167B of the Act were not made applicable. Accordingly, the ld. AR pleaded that this appeal may be restored back to the file of the ld. AO to decide in light of assessment framed for the A.Y.2014-15 in the hands of the assessee. The ld. DR fairly agreed to the said proposition of the ld. AO. Considering the facts of the case and arguments advanced hereinabove by the parties, we deem it fit to restore this issue to the file of the ld. AO for denovo adjudication in accordance with law.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 01/07/2021 by way of proper mentioning in the notice board.
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