Whether the income of the assessee club would be taxable at maximum marginal rate u/s.167B of the Act or at slab rates applicable to AOP?

Last updated: 20 July 2021

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Quick Summary

This case concerns whether an assessee club's income should be taxed at the maximum marginal rate under Section 167B of the Income Tax Act or at the slab rates applicable to an Association of Persons (AOP). The assessee argued that historically, they were taxed at slab rates, and the shift to electronic filing caused the software to automatically apply the maximum marginal rate. The Income Tax Appellate Tribunal agreed to restore the issue to the Assessing Officer for a fresh decision.

Court :
ITAT Mumbai

Brief :
This appeal in ITA No.5431/Mum/2019 for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai in appeal No.CIT(A)-53/IT-376/ACIT-18(2)/2018-19 dated 18/06/2019 (ld. CIT(A) in short) against the order of assessment passedu/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 05/12/2016 by the ld. Asst. Commissioner of Income Tax 18(2), Mumbai (hereinafter referred to as ld. AO).

Citation :
ITA No.5431/Mum/2019

Daily Limit Reached