ACIT NON CORPORATE CIRCLE 4, COIMBATORE vs. AQUA SUB ENGINEERING , COIMBATORE

This appeal of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals)-3, Coimbatore dated 27.03.2019 and pertains to the assessment year 2015-2016.

The only issue arises for consideration before this Tribunal is whether the assessee has to be assessed either as firm or Association of Persons (AOP). It is brought to the notice of the Tribunal by the ld. Departmental Representative as well as the ld. Representative for the assessee that for the assessment years 2009-10 to 2014-15, this Tribunal found that the assessee had to be assessed as firm not as AOP. In view of the findings of this Tribunal for those assessment years and for the reasons stated therein, this Tribunal is of the considered opinion that the assessee has to be assessed as a partnership firm and not as AOP. Therefore, we do not find any reason to interfere with the order of the CIT(A).

In the result, the appeal filed by the Revenue in 2015-2016 stands dismissed.