AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2026 (5) TMI 1539
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....barred by 47 days. In response thereof, the ld. counsel for the assessee submitted that there was a reasonable cause for the delay in filing the appeal. Accordingly, she prayed that the delay in filing the appeal be condoned. 3. We have heard both the counsels on the issue of condonation of delay. In our considered opinion, there was a reasonable cause for the delay in filing the appeal. Therefore, we condone the delay in filing the appeal before the Tribunal. 4. The assessee has raised the following grounds of appeal :- "I. RATE OF TAX: 1.1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) - ADDL/JCIT(A), Ranchi erred in concluding that the Appellant is a....
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....e is liable to pay tax at the slab rate applicable in the case of an individual. Further it is submitted that assessee being a charitable trust the public at large is beneficiary of its activities and there are no defined members and/or beneficiaries. In this regard, she brought to our notice Trust Deed which is placed at pages 97 to 113 of the paper book to highlight the above submissions made by her. Further she submitted that facts in the present case are exactly similar to the facts to the following case laws :- (i) Narmada Trust vs. ITO in ITA Nos.2530 & 2531/Del/2025 order dated 30.12.2025; (ii) Jasmina Trust vs. DCIT in ITA Nos.2209, 2210 & 2211/Del/2025 order dated 12.09.2025; (iii) Tulsi Trust vs. Dy.CIT ....
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.... income by the assessee. The said demand has arose as the tax has been levied on the entire income of the assessee at flat rate of 30% instead of normal slab rates applicable. 5. The Learned CITA had heavily relied on the details furnished by the assessee in the Return of Income - Audit information of the ITR in Para (E) which is for "particulars of persons who were partners / members in the Firm/AOP/ BOI or Trustees in the Trust". It was submitted that the said details are "the particulars of Trustees" and the Learned CITA had erroneously held the same to be "Particulars of Members of the AOP". This erroneous interpretation on the part of the Learned CITA had led to the dismissal of the appeal of the assessee. The assessee is a ch....
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.... 5. The Ld. Sr. DR has relied the order of the lower authorities and requested for the confirmation of the same. We have heard the both parties and perused the material available on the record. In the present case the appellate trust is a charitable trust and does not claim any benefit of exemption under section 12A of the Act. As the assessee relied upon the CBDT Circular No. 320 dated 11-01-1982 [F. No. 131(31) /81- TP(PL)(Pt.). The said circular is reproduced as under: Circular; No. 320 dated 11-01-1982 [F. No. 131(31) /81-TP (PL) (Pt.) SECTION 167A ASSESSMENT WHERE SHARES OF MEMBERS UNKNOWN) 911. Whether the section is applicable to income received by trustees on behalf of provident funds created exclusively for the benefi....
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....rofession are concerned, they will continue to be changed to tax in the manner prescribed by section 164(1)(iv) of the Income-Tax Act, as hitherto. Similarly in the cases of registered societies, trade and professional associations social and sports clubs, charitable or religious trusts etc., where the members or trustees are not entitled to any shares in the income of the association of persons, the provisions of new section 167A will not be attracted and, accordingly tax will be payable in such cases at the rate ordinarily applicable to the total income of an association of persons and not at the maximum marginal rate." As stated above the Appellant has carried on charitable activities by granting donations to the extent of Rs. 2....