2013 (5) TMI 237

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..... ture 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 Max .....

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..... sec.147 of the Income-tax Act, 1961. 2. The only ground raised in the appeals filed by the Revenue is that the Commissioner of Income-tax(Appeals) has 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 claimed by the assessee is only an application of income and not genuine expenditure incurred to earn the income. .....

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..... inal Rate. The Commissioner of Income-tax (Appeals) has correctly rectified the mistake committed by the Assessing Officer in levying the tax on the entire gross receipts of the assessee. 4. We do not find any infirmity in the order passed by the Commissioner of Income-tax(Appeals). The order of the Commissioner of Income-tax (Appeals) is just and proper in law. 5. In the cross objections file .....

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