Income Tax Appellate Tribunal - Chennai
Soniya Binayakiya Memorial Charitable ... vs Ito Non Corporate Circle 9(5), Chennai on 19 July, 2019
आयकर अपील य अ धकरण, 'बी' यायपीठ, चे नई।
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH: CHENNAI
ी इंटूर रामा राव, लेखा सद य एवं
ी ध ु वु आर.एल. रे डी, या यक सद य के सम
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND
SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER
आयकर अपील सं./ITA No.1060/Chny/2019
नधा!रण वष! /Assessment Year: 2014-15
M/s.Soniya Binayakiya Memorial- Vs. The Income Tax Officer,
Charitable Trust, Non-Corporate Circle-9(5),
C/s.Shri S. Ramesh Kumar, Chennai.
Advocate, No.72, Jermiah Road,
Vepery, Chennai-600 007.
[PAN: AANTS 4137 K]
(अपीलाथ$/Appellant) (%&यथ$/Respondent)
अपीलाथ$ क' ओर से/ Appellant by : None
%&यथ$ क' ओर से /Respondent by : Mr.Balina Suresh Babu, JCIT
सुनवाई क' तार ख/Date of Hearing : 17.07.2019
घोषणा क' तार ख /Date of Pronouncement : 19.07.2019
आदे श / O R D E R
PER INTURI RAMA RAO, ACCOUNTANT MEMBER:
This is an appeal filed by the assessee Trust directed against the Order of the Commissioner of Income Tax (Appeals)-17, Chennai, in ITA No.115/2016-17 dated 29.01.2019 for the AY 2014-15.
2. The assessee is a Charitable Trust raised the following grounds of appeal:
ITA No.1060/Chny/2019
:- 2 -:
1. The order of the learned Commissioner of Income-Tax (Appeals)-17 is wrong, illegal and opposed to facts of the instant case.
2. The learned C1T(A)-17 erred in not allowing basic exemption. The Trust is not registered in Sec. 12(A). The Trust is only a public charitable Trust and not a beneficiary Trust.
3. The Appellant submits that the Learned C1T Appeal ought to have considered the facts that the Trust Deed is registered with the objects to service humanitarian and other living object.
4. Therefore the Appellant submits that the order passed by the Learned C1T appeal may be set aside and consequential relief may be granted as this Hon'ble Tribunal deem fit and necessary and thus render justice.
3. Briefly the facts of the case are that the assessee is a Charitable Trust. The return of income for the AY 2014-15 was filed on 26.02.2015. The said return of income was processed u/s.143(1) of the Act vide intimation dated 14.03.2016. wherein the tax liability was computed in the statuse of AOP at a maximum marginal rate of tax. However, the basic exemption limit was not granted to the assessee Trust.
4. Being aggrieved an appeal was preferred before the Ld.CIT(A) who vide impugned order confirmed the intimation.
5. Being aggrieved the assessee is in appeal before us in the present appeal. On the date of hearing 'none' appeared on behalf of the assessee Trust and we heard the Ld.Sr.DR. The issue whether the assessee trust is liable to tax at maximum marginal rate of tax is not in dispute. In case, where an assessee is liable to tax at maximum marginal rate of tax under the provisions of Sec.167B of the Act, the provisions of this section does not provide any allowance of any basic exemption limit. Hence, we do not ITA No.1060/Chny/2019 :- 3 -:
find any merit in the present appeal filed by the assessee. Consequently, the appeal filed by the assessee is dismissed.
6. In the result, the appeal filed by the assessee is dismissed.
Order pronounced on the 19th day of July, 2019 in Chennai.
Sd/- Sd/-
(ध0ु वु1 आर.एल. रे 4डी) (इंटूर रामा राव)
(DUVVURU R.L.REDDY) (INTURI RAMA RAO)
या यक सद6य/JUDICIAL MEMBER लेखा सद6य/ACCOUNTANT MEMBER
चे नई/Chennai,
7दनांक/Dated: 19th July, 2019.
TLN
आदे श क' % त8ल9प अ:े9षत/Copy to:
1. अपीलाथ$/Appellant 4. आयकर आयु;त/CIT
2. %&यथ$/Respondent 5. 9वभागीय % त न ध/DR
3. आयकर आयु;त (अपील)/CIT(A) 6. गाड! फाईल/GF