IEI SHAREHOLDING (RECREATIONAL FACILITIES -1992) TRUST,MUMBAI vs. ITO WARD 22(2)(1), MUMBAI

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ITA 4545/MUM/2024Status: DisposedITAT Mumbai25 October 2024AY 2022-23Bench: MS. KAVITHA RAJAGOPAL (Judicial Member), SMT. RENU JAUHRI (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee later filed an application for rectification of the intimation, which was allowed, providing relief. Consequently, the assessee prayed to withdraw the present appeals as the issue was resolved before the Assessing Officer.

What were the facts?

The assessee, an Employee Benefit Trust, filed appeals challenging an order regarding the tax rate applicable to its income. The Centralized Processing Centre (CPC) had taxed the trust's income at the Maximum Marginal Rate, while the assessee contended for slab rates.

What were the issues?

Dispute regarding the rate of tax applicable to the income earned by the Employee Benefit Trust, specifically whether it should be taxed at the Maximum Marginal Rate or slab rates.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

For Appellant: Shri Balaji Chettiar
For Respondent: Shri Avinash Karpe
Hearing: 24.10.2024Pronounced: 25.10.2024

O R D E R Per Kavitha Rajagopal, J M:

These appeals have been filed by the assessee, challenging the order of the learned Commissioner of Income Tax (Appeals) (‘ld.CIT(A) for short), National Faceless Appeal Centre (‘NFAC’ for short) u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2022-23.

2.

The assessee vide letter dated 24.10.2024 had stated that these appeals have been filed by the Employee Benefit Trust of M/s. Ion Exchange India Ltd., pertaining to the issue of the rate of tax applicable on income earned by the Trust. The Centralized Processing Centre (CPC), vide its order (intimation u/s. 143(1) of the Act) dated 26.10.2022 has taxed the income of the trust at Maximum Marginal Rate, while the assessee Trust contends that the same should be taxed at slab rates.

3580 & 3581/Mum/2024 (A.Y. 2022-23) IEI Shareholding (Recreational Facilities-1992) Trust vs. ITO 3. In an appeal filed before the first appellate authority, the ld. CIT(A) had dismissed the appeal of the assessee on the ground that the appeal was time barred.

4.

The assessee Trust filed an application u/s. 154 of the Act on 06.08.2024, for rectification of the intimation passed u/s. 143(1) of the Act which was the subject matter of appeal before us.

5.

The assessee submits that the rectification application was passed giving relief to the assessee vide order dated 18.09.2024 and, therefore, prayed that the present appeals may be withdrawn for the reason that the assessee has already got its relief before the ld. A.O.

6.

The learned Departmental Representative (ld. DR for short) had nothing to controvert upon the same.

7. On perusal of the assessee’s submission, we hereby deem it fit to dismiss the said appeals as withdrawn.

7.

In the result, the appeals filed by the assessee are dismissed.

Order pronounced in the open court on 25.10.2024.

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