https://www.taxtmi.com/caselaws?id=464588 ITAT held AO erred in treating members of the AOP as trustees and upheld that income should be taxed at normal AOP rates, not at the flat 30% marginal rate or with a 37% surcharge. CIT(A)'s confirmation of flat-rate tax was set aside; AO directed to re-compute tax applying ordinary slab rates for AOP/BOI and appropriate surcharge as per law. Interest under s.234C and denial of refund were addressed accordingly, with reliance on coordinate bench precedents holding that newly invoked trustee provisions do not attract maximum marginal rates where members have no share in income. en-us Fri, 12 Sep 2025 00:00:00 +0530 Wed, 05 Nov 2025 13:39:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=464588 ITAT held AO erred in treating members of the AOP as trustees and upheld that income should be taxed at normal AOP rates, not at the flat 30% marginal rate or with a 37% surcharge. CIT(A)'s confirmation of flat-rate tax was set aside; AO directed to re-compute tax applying ordinary slab rates for AOP/BOI and appropriate surcharge as per law. Interest under s.234C and denial of refund were addressed accordingly, with reliance on coordinate bench precedents holding that newly invoked trustee provisions do not attract maximum marginal rates where members have no share in income. Case-Laws Income Tax Fri, 12 Sep 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=464588