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ITAT held that Section 168 governs assessment of executors; where only one executor is appointed the estate is assessable in the status of an individual under Section 168(1)(a) and taxed at slab rates, whereas multiple executors may render the estate an AOP attractable to maximum marginal rates. Examination of the will is decisive; the will's terms demonstrate appointment of a sole executor, establishing individual status for assessment. Because the will was tendered first before the Tribunal, the matter is remitted to the file of the CIT(A) for fresh adjudication to verify and apply Section 168(1)(a). The appeal is allowed for statistical purposes.
ITAT held that Section 168 governs assessment of executors; where only one executor is appointed the estate is assessable in the status of an individual under Section 168(1)(a) and taxed at slab rates, whereas multiple executors may render the estate an AOP attractable to maximum marginal rates. Examination of the will is decisive; the will's terms demonstrate appointment of a sole executor, establishing individual status for assessment. Because the will was tendered first before the Tribunal, the matter is remitted to the file of the CIT(A) for fresh adjudication to verify and apply Section 168(1)(a). The appeal is allowed for statistical purposes.
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