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Income Tax Appellate Tribunal, NAGPUR BENCH “SMC”, NAGPUR
Before: SHRI S.S.GODARA
आदेश / ORDER
PER S.S. GODARA, JM :
This assessee’s appeal for AY 2014-15 arises against the National Faceless Appeal Centre, Delhi NFAC’s order dated 07-01-2022, passed in case No. ITBA/NFAC/S/250/2021- 22/1038519820(1), involving proceedings under Section 250 of the Income Tax Act, 1961 in short the Act.
Heard both the parties. Case file perused. 2. Coming to the assessee’s first and foremost substantive ground that both the learned lower authorities have erred in law and on facts in rejecting its section 11 exemption claim of Rs.3,41,828/-, learned counsel could hardly dispute that it does not carry section 12AA registration which forms a mandatory condition as per CIT vs. U.P. Forest Corpn. [1998] 230 ITR 945 (SC). That being the case, there is hardly heed for this tribunal to delve deeper in the relevant factual matrix. Rejected accordingly.
Next comes the assessee’s latter substantive ground that both the learned lower authorities have erred in law and on facts in assessing at maximum marginal rate and not at the rate of tax as applicable to individual/HUF u/s 164 of the Act. The Revenue could hardly rebut the clinching fact that the CIT(A) has nowhere decided the assessee’s corresponding second substantive ground raised in the lower appellate proceedings. I, therefore, deem it proper to restore the assessee’s instant latter grievance back to the CIT(A) for his proper adjudication as per law within three effective opportunities of hearing. Ordered accordingly.
No other argument has been raised during the course of hearing.
This assessee’s appeal is partly allowed for statistical purposes in above terms.
Order pronounced in the Open Court on 21st November, 2022.