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2013 (5) TMI 237 - AT - Income TaxRe opening of assessment - assessment of tax - AO has levied tax on the gross receipts and not on the total income - revenue contested that CIT(A)failed to note that the income of the assessee is donation and there is no nexus of expenses to earn this income and the expenditure are not genuine - Held that:- CIT(A) rightly concluded that tax is chargeable on the total income of the assessee. In view of sec.167A, the assessee has to be assessed in the status of an A.O.P., where shares of the members are indeterminate i.e. Maximum Marginal Rate. CIT(A) has given the right direction to the AO to compute the total income of the assessee and thereafter levy tax at the Maximum Marginal Rate & has correctly rectified the mistake committed by the AO in levying the tax on the entire gross receipts of the assessee.
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