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2022 (9) TMI 647 - AT - Income TaxIntimation u/s 143(1) - change of status of the Assessee without intimation - charging higher rate of income tax - assessee is trust - assesse furnished return of income mentioning status as any other AOP/BOI and mentioned code no. 8. - The Ld. A.O. CPC however change the status to any other AOP / BOI artificial judicial person and thus change the status . - HELD THAT - It is pertinent to note that Intimation under section 143(1) of the Act shows the status of the assessee as AOP/BOI and the contention of the assessee is that the assessee is trust. But without verifying as well as intimating the assessee about the change of status taken by the department as AOP/BOI, the intimation u/s 143(1) has directly mentioned that the Tax payable is Rs. 1,04,496/-. The Ld. AR enclosed the decision of the Rajkot bench of Tribunal in case of Jalia Sevak Samaj 2022 (7) TMI 1317 - ITAT RAJKOT which is identical to the present assessee s case. CIT(A) has only considered the aspect of Section 115C of the Act, but has not dealt with the issue of change of status of the Assessee without its intimation by the department. Therefore it will be appropriate to remand back this issue to the file of the Assessing Officer, CPC with the direction to verify the status of the assessee after taking cognizance of the Trust Deed and other relevant material and pass appropriate order. Needless to say, the assesse be given opportunity of hearing by following principles of natural justice.
Issues:
1. Determination of excess Income-tax payable at normal rate without proper reasoning. 2. Change of status from AOP/BOI to trust without intimation. 3. Failure to provide reasonable opportunity at the appellate stage. Issue 1: Determination of Excess Income-tax: The appeal was filed against the order confirming excess Income-tax payable at a normal rate without sufficient reasoning. The appellant raised multiple grounds of appeal, challenging the determination of Rs. 92,354 without specific reasons, application of tax rates, or consideration of past records. The appellant argued that the determination was based on presumption and surmises, ignoring statutory positions, grounds of appeal, principles of natural justice, and judicial guidelines. The CIT(A) did not consider the appellant's submissions adequately, leading to a lack of opportunity to explain or present their case. The Tribunal found the determination lacking proper verification of the assessee's status as a trust, remanding the issue back to the Assessing Officer for verification and a fair hearing following principles of natural justice. Issue 2: Change of Status Without Intimation: The written submissions highlighted that the status of the assessee was changed from AOP/BOI to a trust without proper authority or intimation. The appellant cited legal precedents and decisions to support the argument that such a change was impermissible under Section 143(1) of the Act. The Tribunal noted that the intimation under Section 143(1) showed the assessee as AOP/BOI, while the appellant claimed to be a trust. The CIT(A) focused on a specific section of the Act but failed to address the crucial issue of changing the status without informing the assessee. Consequently, the Tribunal directed the Assessing Officer to verify the status based on relevant documents and the Trust Deed, ensuring a fair opportunity for the assessee to be heard. Issue 3: Failure to Provide Reasonable Opportunity: Despite the absence of the assessee or their representative during the hearing, the Tribunal considered the written submissions and those mentioned in the CIT(A)'s order. The appellant's contention regarding the change in status without proper intimation and the subsequent tax demand was deemed valid. The Tribunal emphasized the importance of providing a reasonable opportunity for the assessee to present their case and be heard in accordance with principles of natural justice. As a result, the appeal was partly allowed for statistical purposes, emphasizing the need for a fair hearing and verification of the assessee's status before determining tax liabilities. In conclusion, the judgment addressed the issues of improper determination of excess Income-tax, change of status without intimation, and the failure to provide a reasonable opportunity for the assessee to present their case. The Tribunal emphasized the importance of following statutory procedures, verifying the status of the assessee, and ensuring fair hearings based on principles of natural justice.
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