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TMI Blog2022 (6) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... rate applicable as to an individual for charging the income tax after a lowing the basic exemption limit, shall be applicable to the assessee on hand. Hence the ground of appeal of the assessee is allowed. thus involving the identical facts and circumstances have decided the issue in favour of the assessee. - ITA Nos. 360 - 361/AHD/2021 - - - Dated:- 15-6-2022 - SHRI WASEEM AHMED, ACCOUNTANT MEMBER And SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Assessee by : Shri B.T. Thakkar, A.R Revenue by : Shri Abhimanyu Singh Yadav, Sr.D.R ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned two appeals have been filed at the instance of Assessee against the separate orders of the Learned Commissioner of Income Tax (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come available with effect from 3-10-2021. II. In cases where the limitation would have expired during the period between 15-3-2020 till 2-10-2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 3-10-2021. In the event the actual balance period of limitation remaining, with effect from 3-10-2021, is greater than 90 days, that longer period shall apply. III. The period from 15-3-2020 till 2-10-2021 shall also stand excluded in computing the periods prescribed under sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of section 138 of the Negotiable Instruments Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the intimation issued u/s. 143(1) of the Act. 7. On appeal, the Ld. CIT(A) confirmed the intimation issued u/s. 143(1) of the Act. 8. Being aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 9. The Ld. AR before us submitted that this Tribunal in the case of Jain sangh Parabdi Khayu Trustee in ITA nos. 353-354/Ahd/2021 for the Assessment Years 2016-17 2017-18 involving identical facts and circumstances vide order dated 20/05/2022 has allowed the appeal in favour of the assessee. 9.1. As per the Ld. AR the assessee should be made subject to tax at the rate applicable to an individual after allowing the basic exemption limit and that too at slab rate of tax. 10. On the other hand the Ld. DR co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trust are not known. In other words the trust being public trust was formed to carry out the charitable activities. This fact was not controverted by the learned CIT-A. Indeed learned CIT-A accepted that the assessee as public charitable trust, the relevant observation of the learned CIT-A reads as under: I have carefully considered the facts of the case as well as the submission filed by the appellant. It is observed that the appellant is a Public Charitable Trust registered under the Bombay Charitable Trust Act. 9.2 At this juncture, it is noteworthy to make a reference to the CBDT circular bearing No. 320 issued on 11th of January 1982 which reads as under: Similarly, in the cases of registered societies, trade and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove decision of the Co-ordinate Bench, we allow the ground of appeal of the assessee. 13. In the result, the appeal filed by the assessee is allowed. Coming to ITA No. 361/Ahd/2021 an appeal by the assessee for A.Y. 2017-18 14. The only issue raised by the assessee is that the Ld. CIT(A), erred in confirming the intimation issued by the CPC, Bangalore by applying the maximum marginal rate of tax on the income which was below the taxable limit. 15. At the outset we note that the issues raised by the Assessee in its grounds of appeal for the AY 2017-18 are identical to the issues raised by the assessee in ITA No. 360/AHD/2021 for the assessment year 2016-17. Therefore, the findings given in 360/AHD/2021 shall also be applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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