2019 (6) TMI 1047

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....EDI, AM : 1. This appeal filed by the assessee is emanating out of the order of Commissioner of Income Tax (A) - 10, Pune dated 24.01.2019 for the assessment year 2015-16. 2. The relevant facts as culled out from the material on record are as under :- Assessee is a religious trust stated to have been formed in 1968 and was being hitherto assessed in the status of AOP. Assessee electronica....

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....hich is not registered u/s 12A. I have filed the return in Form type ITR-5 declaring total income of Rs. 71,589/- however the tax has been worked out by the AO at 30% flat rate and total demand of Rs. 27,138/- has been raised by the AO (30% tax of Rs. 21,477/- is charged along with cess of Rs. 644/- and interest of Rs. 5,017/-). The tax in the past is always assessed as an AOP. 2. The poi....

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.... can hold property and be in receipt of income and for this proposition he relied on the decision of Hon'ble Apex Court in the case of Official Trustee of West Bengal Vs. CIT reported in (1974) 93 ITR 348. He thereafter submitted that since the sole beneficiary is the Deity having the status of an "individual", the tax rates applicable to individual would apply to it and for which he relied on the....

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....er of lower authorities be set aside. Ld DR on the other hand supported the order of lower authorities. 5. I have heard the rival submissions and perused the material on record. It is an undisputed fact that the trust has been created in the year 1968 and as per the trust deed, the entire income is to be used for the upkeep of Deity. It is also an undisputed fact that the Deity is the sole bene....