2025 (1) TMI 1709

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....u Singh Yadav, Ld. Sr. DR ORDER PER DINESH MOHAN SINHA, JM: Captioned appeal filed by the assessee is directed against the order passed by the National Faceless Appeal Centre [(in short "NFAC/Ld. CIT(A)"] vide order dated 23.07.2024, which in turn assessment order passed by Assessment Unit, Income Tax Department / Assessing Officer under section 154 of the Income Tax Act, 1961 (in short "....

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....mudben Manilal Modi has made a will on 28.04.1999 in which she has created a private Discretionary Trust for the benefits of daughters of her son Pratish Manilal Modi and also for his future wife and children with a Trust fund of Rs. 4,00,000/- and trustees being her husband Manilal Khimji Modi, her son Shri Pratish Manilal Modi and her daughters Nitaben and Shilpaben. This was the only trust crea....

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.... of taxes. However Income Tax Processing Center per intimation u/s 143(1) dated 13.05.2019 has calculated tax at maximum marginal rate and demanded total Rs. 67,980/- as against refund of Rs. 26,110/-. 7. The appellant had filed an application u/s 154 of the Act on 08.02.2020. That application was also rejected and instead of charging the income at normal rate has again charged tax at maximum m....

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....me and accepted the return. However the income taxed at special rate amounting to Rs. 95,284/- (Including interest). The Ld. AR requested an opportunity should be given to the assessee to explain the case before the lower authority on income to be taxed at normal rate. 11. The Ld. Sr. DR for the revenue had not objected if the case is remitted back to the Ld. AO. 12. We have heard both the p....