Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
A charitable trust assessed as an Association of Persons was held taxable at normal slab rates, not at the maximum marginal rate, because its activities were for the benefit of the public at large and the trustees had no share in the income. The Tribunal treated the issue as covered by co-ordinate Bench decisions on identical facts, including the assessee's own earlier case, and accepted that such a trust cannot be characterised as an AOP with determinate or indeterminate member-shares for the higher rate to apply. The challenge to levy of tax at the maximum marginal rate was allowed.
A charitable trust assessed as an Association of Persons was held taxable at normal slab rates, not at the maximum marginal rate, because its activities were for the benefit of the public at large and the trustees had no share in the income. The Tribunal treated the issue as covered by co-ordinate Bench decisions on identical facts, including the assessee's own earlier case, and accepted that such a trust cannot be characterised as an AOP with determinate or indeterminate member-shares for the higher rate to apply. The challenge to levy of tax at the maximum marginal rate was allowed.
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