1992 (12) TMI 64 - AT - Income Tax

Summary

Issues:
- Appeal against order under section 143(1)(a) of the IT Act, 1961
- Entertaining appeal based on change of status from AOP (Trust) to specified trust
- Competency of the appeal before the Dy. CIT(A)
- Validity of the order passed by the Dy. CIT(A)
- Assessment under section 143(1A) versus section 143(1)(a)
- Maintainability of appeal based on grounds of objection to status, tax amount, and liability to be assessed

Analysis:

The appeal before the Appellate Tribunal ITAT Bangalore involved a dispute regarding the change of status adopted by the Assessing Officer (AO) from AOP (Trust) to a specified trust, leading to the levy of tax on the trust itself. The Dy. CIT(A) entertained the appeal filed by the assessee and directed the AO to assess the assessee in the status of a specific trust based on previous tribunal decisions. The Revenue raised several grounds challenging the order of the Dy. CIT(A), including the competency of the appeal against the order under section 143(1)(a) and the correctness of assessing the assessee as a specified trust.

During the hearing, the Departmental Representative argued that the appeal was not maintainable against the order under section 143(1)(a) or 143(1A), citing a judgment of the Allahabad High Court. The assessee's representative justified the appeal, stating that the assessee objected to the status adopted by the AO and the tax amount determined. The Tribunal analyzed the relevant provisions of the Act and noted the amendment specifying section 143(1A) for adjustments from April 1, 1989. The Tribunal concluded that the appeal based on objections to status, tax amount, and liability to be assessed was not maintainable under section 143(1)(a) or 143(1A).

The Tribunal further examined the grounds raised by the assessee, finding that the challenge to the status adopted by the ITO was conceded by the assessee's representative during the hearing. The order of the Dy. CIT(A) was deemed unjustified as the appeal was not maintainable on the grounds raised. The Tribunal ruled in favor of the Revenue, canceling the order of the Dy. CIT(A) as void and allowing the appeal.

In conclusion, the Tribunal found that the appeal against the order under section 143(1)(a) was not maintainable based on the grounds raised by the assessee. The Tribunal upheld the Revenue's contentions and canceled the Dy. CIT(A)'s order, deeming it unjustified and void in law.