2022 (8) TMI 135

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....R SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of ld. Commissioner of Income-Tax (Appeals)-1, Surat [for short to as "Ld. CIT(A)"] dated 15.05.2017 for assessment year (AY) 2014-15, which in turn arises out an assessment order passed by Centralized Processing Centre, Bengalore under section 154 of the Income Tax Act, ....

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....processed by Central Processing Centre (CPC), Bengaluru. The CPC, while processing the return assessee income at Rs.1,67,520/- under section 167A of the Act. The assessee filed application under section 154 on 31.12.2015. for seeking rectification in the order of CPC. In the application, the assessee contended that assessee is governed by "mutuality" and hence, income earned by assessee is outside....

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....ivities not sharing the income as well as distribution of portion of asset, it is set-up on the principle of mutuality. None of the member has right for entitlement to any type of right or interest in the funds of assessee. 3. The Ld. CIT(A) after considering the submissions of the assessee dismissed the appeal of assessee by taking view that CPC, Bengaluru has assessed the same figure of income ....

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....ue submits that similar adjustment / order was passed against the assessee in preceding assessment years i.e. 2011-12,2012-13 and 2013- 14 and the assessee has accepted such orders and no further appeal or remedial action was taken by assessee. 6. We have considered the rival submission of the parties and find that the CPC, Bengaluru assessed the same income, which has been declared by the assess....