9911796707
TMI Blog2022 (7) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... see by holding that the status of the assessee has not been changed by CPC. However, we note that, no enquiry was made by Ld. CIT(A) as to how this additional tax came to be levied on the assessee when the figure of returned income has not been disturbed by the AO, CPC, and the additional tax could not be levied if the rates applicable to AOI/BOI were to be applied to the assessee. Apparently, the assessee has been taxed at tax rates applicable to some other status , as against the rate applicable to AOP/BOI, which was the status in which the return of income was filed by the assessee. Therefore, in the interests of justice, we are restoring the file to the jurisdictional assessing officer, to ascertain as to how this additional tax came to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irming excess Income-tax payable at normal rate of Rs. 46,486/- without describing specific reason. The determination needs deletion. 5. The Ld. CIT(A) has erred in law and facts in confirming excess Income-tax payable at normal rate of Rs. 46,486/- without applying specific rates of tax. The determination needs deletion. 6. The Ld. CIT(A) has erred in law and facts in confirming excess Income-tax payable at normal rate of Rs. 46,486/- based on presumption and surmises ignoring statutory position. The determination needs deletion. 7. The Ld. CIT(A) has erred in law and facts in confirming excess Income-tax payable at normal rate of Rs. 46,486/- without giving any notice and giving any opportunity to submit the explanation. The dete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntimation needs annulment. 17. The appellant craves leave to add/alter/amend and/or substitute any or all ground of appeal before the actual hearing takes place." 3. The brief facts of the case are that the assessee furnished return of income mentioning status as any other AOP/BOI as mentioned in code number 8. As per the assessee, the CPC changed the status of the assessee to any other AOP/BOI artificial judicial person. Further, as per the return of income filed by the assessee for a sum of ₹ 1,50,437/-, the AOP is not liable to pay taxes upto ₹ 2 lakhs, and therefore, no tax was payable in the return of income filed by the assessee. However, as against this, the Ld. Assessing Officer, CPC suo moto changed the status with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat as per the return of income, the assessee filed return of income in the status of AOP/BOI and has shown income of Rs. 1,50,437/- against which no tax was payable at the time of filing of return of income. However, the AO has, in turn, raised the demand of ₹ 54,330/- against the returned income of ₹ 1,50,437/-. We note that for the impugned assessment year, AOP/BOI/ artificial judicial person were exempt from payment of taxes up ₹ 2 lakhs and for incomes ranging between ₹ 2 lakhs to ₹ 5 lakhs, 10% of the amount exceeding Rs. 200,000/- was the rate of taxation as per applicable slab rates prevailing for assessment year 2014-15. Apparently, therefore it is not clear as to how this addition tax of ₹ 54,33 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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