Sri Guru Singh Sabha v. Dy. CIT (2023) 334 CTR 206/ 224 DTR 165 (Delhi)( HC)

S. 167B : Charge of tax-Shares of members unknown-Registered Society-Maximum marginal rate cannot be applied-Gross receipt cannot be assessed, without allowing the deduction for expenses. [S. 2(31), 11, 12, 37(1), 143(1),251, Registration Act, 1860]

The return filed by the assessee indicate the assessee’s status as AOP/BOI. However, having said that, the CIT(A) failed to exercise powers which were available with him and examine a specific ground of appeal raised by the assessee. since the return of the assessee was processed under s. 143(1), if there were any doubts, scrutiny should have been carried out and the necessary powers available under the 1961 Act should have been taken recourse to. Evidently, this was not done and therefore, the order was passed by the CPC and confirmed by the CIT(A) without delving into the specific grounds raised by the assessee, which remain unrebutted, cannot be sustained. The impugned order passed by the Tribunal and the order of CIT(A) are set aside. Court also held that  The Revenue cannot but accept that in the succeeding assessment year i.e., asst. yr. 2015-16, CPC has brought to tax that amount which constitutes excess of income over expenditure i.e., from gross receipts, deductible expenses have been adjusted. Assessee was registered as a society as far back as on 10th Feb., 1978 under the 1860 Act; if this position is correct, then on a plain reading of s. 167B, one can only conclude that the maximum marginal rate cannot be made applicable to the assessee though status of assessee was wrongly shown as AOP/BOI. (AY.  2014-15)