2025 (2) TMI 540 - AT - Income Tax

Income of the assessee is chargeable to Normal Tax rates or the Maximum Marginal Tax rates - Charge of tax where shares of members in association of persons or body of individuals unknown etc. HELD THAT - Section 167B(1) only the Company or Cooperative Societies registered under the Societies Registration Act are excluded and the remaining association of persons or body of individuals where individual share of the members are not known are indeterminate tax is leviable at the Maximum Marginal Rate. Before us assessee has stated that assessee is a registered Charitable Trust and it is carrying out the charitable activity as per the Trust deed and even if share of the trustees are not defined still the assessee being a Charitable Registered Trust engaged in the charitable activity is liable to taxed at the Normal Tax rate. The income of the assessee is not chargeable to tax at Maximum Marginal Rate but is chargeable to tax at Normal Rate.L Revenue authorities are directed to calculate the tax liability of the assessee as per the Normal Tax rates. Accordingly we set aside the impugned order of CIT(A) and allow the grounds of appeal raised by the assessee.

Summary

ISSUES PRESENTED and CONSIDERED

The core issues considered by the Tribunal in this case were:

1. Whether the income of the assessee, a charitable trust, should be charged at the Normal Tax Rate or the Maximum Marginal Rate under the provisions of the Income-tax Act, 1961, specifically in light of section 167B.

2. Whether the application for rectification under section 154 of the Act was filed within the prescribed time limit and if the rejection of the rectification application by the Assessing Officer (AO) was justified.

ISSUE-WISE DETAILED ANALYSIS

1. Tax Rate Applicable to the Assessee

- Relevant Legal Framework and Precedents: The primary legal provision under consideration was section 167B of the Income-tax Act, which deals with the charge of tax where the shares of members in an association of persons (AOP) or body of individuals are unknown or indeterminate. Additionally, the CBDT Circular No. 320 dated 11.01.1982 was referenced, which clarified that charitable trusts where members or trustees are not entitled to any share in the income should not be charged at the Maximum Marginal Rate.

- Court's Interpretation and Reasoning: The Tribunal noted that the assessee is a registered charitable trust, and its income should be taxed at the Normal Rate as per the CBDT Circular. The Tribunal also considered precedents from various cases where it was held that registered societies, trade and professional associations, and charitable or religious trusts should not be subjected to the Maximum Marginal Rate if the members or trustees are not entitled to any share in the income.

- Key Evidence and Findings: The Tribunal reviewed the trust deed, which did not specify the individual shares of the trustees, and noted that the trust was carrying out charitable activities as per its objectives. The Tribunal also considered the CBDT Circular and relevant case law supporting the assessee's position.

- Application of Law to Facts: The Tribunal applied the provisions of section 167B and the CBDT Circular to the facts of the case, concluding that the assessee, being a charitable trust with indeterminate shares of beneficiaries, should be taxed at the Normal Rate.

- Treatment of Competing Arguments: The Tribunal addressed the Department's argument that the assessee was not falling under the exceptions mentioned in section 167B and justified the application of the Maximum Marginal Rate. However, the Tribunal found that the CBDT Circular and judicial precedents supported the assessee's position.

- Conclusions: The Tribunal concluded that the income of the assessee should be charged at the Normal Tax Rate and not the Maximum Marginal Rate.

2. Timeliness and Justification of Rectification Application

- Relevant Legal Framework: Section 154 of the Income-tax Act allows for rectification of mistakes apparent from the record within a prescribed time limit.

- Court's Interpretation and Reasoning: The Tribunal examined the timeline of the filing of the rectification application and the consolidated order passed by the authorities. It determined that the application was filed within the prescribed time limit.

- Key Evidence and Findings: The Tribunal found that the application for rectification was timely and that the rejection by the AO was not justified based on the alleged delay.

- Application of Law to Facts: The Tribunal applied the provisions of section 154 and concluded that the assessee's application for rectification was valid and should have been considered on its merits.

- Conclusions: The Tribunal held that the rectification application was filed within the prescribed time limit and should not have been rejected on the grounds of delay.

SIGNIFICANT HOLDINGS

- The Tribunal held that the income of the assessee, a charitable trust, is chargeable to tax at the Normal Rate and not at the Maximum Marginal Rate, aligning with the CBDT Circular and relevant case law.

- The Tribunal determined that the rectification application under section 154 was filed within the prescribed time limit and should have been considered by the authorities.

- The Tribunal's decision emphasized the importance of adhering to CBDT Circulars and judicial precedents in determining the applicable tax rates for charitable trusts.

Overall, the Tribunal allowed the appeals of the assessee for the assessment years 2010-11, 2014-15, and 2016-17, directing the Revenue authorities to calculate the tax liability at the Normal Tax Rate.