2018 (9) TMI 1398

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.... ORDER PER J. SUDHAKAR REDDY, AM :- This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)- Siliguri, (hereinafter the 'Ld. CIT(A)'), dt. 09/11/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the 'Act'), relating to Assessment Year 2013-14. 2. The facts of the case are brought out by the ld. CIT(A) at para 3 of his ord....

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....sessment made the Assessing Officer treated the assessee as a company and computed book profit of RS.2709521 and tax of Rs. 516300 under section 115JB of the Act and disallowed a sum of Rs. 138135 under section 14A read with rule 8D. 3. The issue before me is whether the assessee has to assessed in the status of a 'Company' or in the status of "An association of Persons". We have heard rival....

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.... rival parties along with the case record perused, the only issue in this case relates to the issue of status. According to the assessee, the status claimed is AOP whereas the A.O. & CIT(A) treated it as a company on the basis that the Indian Companies Act is also equally applicable to Sikkim. But in view of the position of the Constitution, any company incorporated in Sikkim has its separate stat....

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....to accept the contentions of the Ld. A.R. on behalf of the assessee and accordingly we allow the status as AOP as there was no proper rebuttal from the side of the revenue to the contention taken by the assessee through its Ld. A.R. Accordingly, the appeal of the assessee is allowed." 3.1. Reliance placed by the ld. D/R, on the 145th Report of the Parliament of India (Rajya Sabha) Petition pray....