2014 (11) TMI 1294

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....ent year 2008-09, the Assessing Officer completed the assessment u/s 143(3) r.w.s. 153A on 30.12.2010 determining the income at Rs. 83.71.683. The Assessing Officer worked out the tax payable according to the rates applicable for any other Association of Persons. The Assessing Officer, thereafter issued a notice u/s 154 and rectified the assessment by passing an order u/s 154 of the IT Act on 2.8.2011. According to the Assessing Officer, the rate applicable to AOP and individuals is not applicable to the assessee and the maximum marginal rate is applicable in view of the provisions of s. 167B of the Act. Aggrieved the assessee preferred appeal before the CIT(A) and submitted that sec. 167B has no application to the Society registered under ....

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....fficer has issued a notice u/s. 154 on 13.7.2011, for which there was no reply from the assessee and therefore, the Assessing Officer was of the view that the assessee society has no objection for the proposed modification and passed order u/s. 154 applying Maximum Marginal Rates. The CIT(A) held that since the provisions of s. 167B are rightly applied by the Assessing Officer, He did not see any reason to interfere in the action of the Assessing Officer. Accordingly, the ground raised by the assessee in this regard was dismissed by him. 5. Before us, the learned AR submitted that the order of the Assessing Officer is erroneous both on facts and in law. The AO erred in holding that the provisions of s. 167B of the Act are applicable to t....

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.... 10. Sub-section (2) of s. 32 mentions that if the society has done any act under the Societies Registration Act 1860 it would be deemed to have been taken under the Andhra Pradesh Societies Registration Act, 2001. In section 2 - Definitions - defines "Memorandum means the memorandum of association of a society as originally frames or an altered from time to time in pursuance of the provisions of this Act or the Societies Registration Act, 1860. 11. It was further submitted that from reading of the provisions of both the Acts, the Andhra Pradesh Societies Registration Act is similar to the Societies Registration Act of 1860. It was submitted that the Societies Registration Act 1860 was in existence in the entire British India and afte....