2013 (5) TMI 237 - AT - Income Tax

Re opening of assessment - assessment of tax - AO has levied tax on the gross receipts and not on the total income - revenue contested that CIT(A)failed to note that the income of the assessee is donation and there is no nexus of expenses to earn this income and the expenditure are not genuine - Held that - CIT(A) rightly concluded that tax is chargeable on the total income of the assessee. In view of sec.167A, the assessee has to be assessed in the status of an A.O.P., where shares of the members are indeterminate i.e. Maximum Marginal Rate. CIT(A) has given the right direction to the AO to compute the total income of the assessee and thereafter levy tax at the Maximum Marginal Rate & has correctly rectified the mistake committed by the AO in levying the tax on the entire gross receipts of the assessee.

Issues:
- Appeal by Revenue and cross objections by assessee against the common order of the Commissioner of Income-tax(Appeals)-I at Chennai for assessment years 2005-06 and 2006-07.
- Ground raised by Revenue regarding the nature of income, expenses claimed by the assessee, and the tax levy on gross receipts.
- Correctness of the Commissioner of Income-tax(Appeals) order rectifying the tax levy mistake by the Assessing Officer.
- Cross objections by the assessee challenging the jurisdiction and fairness of the Assessing Officer's order.

Analysis:
1. The appeals and cross objections were filed concerning the common order of the Commissioner of Income-tax(Appeals)-I at Chennai for the assessment years 2005-06 and 2006-07. The appeals were directed against the order related to assessments completed under sec. 143(3), read with sec.147 of the Income-tax Act, 1961.

2. The primary ground raised in the appeals by the Revenue was the contention that the income of the assessee was considered as a donation without a proper nexus of expenses to earn this income. The Revenue argued that the claimed expenses were merely an application of income and not genuine expenditure incurred to earn the income. The specific figures for the assessment years 2005-06 and 2006-07 were highlighted in the appeal.

3. The Assessing Officer had levied tax on the gross receipts of the assessee instead of the total income. The Commissioner of Income-tax(Appeals) rightly pointed out that tax should be charged on the total income of the assessee. Referring to sec.167A, it was determined that the assessee had to be assessed in the status of an A.O.P. with shares of members being indeterminate, subject to the Maximum Marginal Rate. The Commissioner directed the Assessing Officer to compute the total income and levy tax accordingly, rectifying the error in levying tax on the entire gross receipts.

4. The Tribunal found no fault in the order passed by the Commissioner of Income-tax(Appeals), affirming that the order was just and legally sound. The Commissioner's correction of the Assessing Officer's mistake in the tax levy was deemed appropriate and in accordance with the law.

5. The cross objections filed by the assessee contended that the Assessing Officer's order lacked jurisdiction, was contrary to facts and law, and violated principles of equity and natural justice. However, these grounds were dismissed as not being actively pursued during the proceedings.

6. Consequently, the appeals by the Revenue and the cross objections by the assessee were both dismissed by the Tribunal. The orders were pronounced during a hearing in Chennai on the 22nd of April, 2013.

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