9911796707
TMI Blog2025 (5) TMI 1645X X X X Extracts X X X X X X X X Extracts X X X X ..... llows:- "A. The impugned order of the Commissioner (Appeals) is bad in law and on facts. B. The Commissioner (Appeals) erred in confirming the demand made under Section 143(1). He ought to have found that the Assessing Officer had no jurisdiction to pass such an order under Section 143(1). C. The Intimation itself is unreasonable and in clear violation of the principles of natural justice. No notice whatsoever was given prior to issue of the same. D. The CIT(A) failed to appreciate that the Petitioner has not received any taxable income for the year. The Petitioner's dealing with its members does not constitute any taxable activity on account of the principle of mutuality. In any view of the matter the income and expenditure amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed its return of income for 2014-15 on 17.09.2014, declaring Nil assessable income. There was no hearing afforded to the appellant on the return filed. Upon receipt of the intimation, the appellant also pointed out the errors and mistakes and seeking rectification and correction. But this was not acceded to. There is thus, gross miscarriage of justice. H. Even assuming that the Appellant has committed mistake in the Original return this Hon'ble Tribunal is permitted to take on record additional grounds as held by the Supreme Court in National Thermal Power Case. The reliance placed in the case of Goetze is clearly misplaced. Even when a revised return is not possible this Tribunal can consider any ground not originally taken before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant wanted to revise the Income Tax return which was not allowed due to the reason "statutory limit to file the revised return was lapsed as per the provisions of the section 139(5) of the Act." In this regard it is held that it is settled law that the appellant-assessee has to file the true particulars of the income as per the provisions of the Act within the due dates prescribed as per the Act. It is pertinent to mention that the due dates are same to the appellant-assessees as per the respective status. The time limits for filing the Income Tax Returns cannot be changed for the mistake of each appellant-assessee. 8.1. The appellant has admittedly to have committed mistake in the Return of income filed on 17/09/2014 and wanted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rival submissions and perused the material on record. On perusal of the income and expenditure statement, it is clear that the assessee had not received any taxable income. The assessee was dealing with its members, and on account of principle of mutuality, any profits out of dealings with the members would not be liable to tax. The assessee had wrongly filed return in ITR 7. Inspite of return being wrongly filed in ITR 7, the Income Tax Authorities ought to have considered the operation of the assessee-club and ought to have brought to tax only the net income. However, the CPC has erred in bringing to tax the entire gross receipts as taxable income. On identical facts, for earlier assessment year, viz., A.Y. 2013-2014, the CIT(A) had direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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