JAGDISHPRASAD BUBNA FAMILY TRUST,MUMBAI vs. ITO 23(1)(6), MUMBAI

ITA 6180/MUM/2026Status: DisposedITAT Mumbai20 August 2026AY 2024-256 pages
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What were the facts?

The assessee, a private discretionary trust, filed its return of income. The CPC processed the return under section 143(1) and applied the maximum marginal rate, levying additional taxes, interest, and penalties. The assessee appealed, arguing for individual tax rates.

What did the Tribunal hold?

The Tribunal held that the issue is covered by a previous decision in the assessee's own case, which directed the application of individual tax rates after verification. The Tribunal set aside the impugned order and restored the matter to the AO for recomputation.

What were the issues?

The primary issue was whether the income of a private discretionary trust should be taxed at the maximum marginal rate or at the rates applicable to an individual. Consequential issues involved the levy of surcharge, education cess, and interest.

Which sections of the Income-tax Act were involved?

Section 164(1),Section 143(1),Section 250,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI ANIKESH BANERJEE

PER SHRI ANIKESH BANERJEE, JUDICIAL MEMBER:

The instant appeal of the assessee filed against the order of the Ld. Commissioner of Income Tax-(appeals) ADDL/JCIT(A)-2, Chennai [for brevity ‘Ld. CIT(A)’], order passed under Section 250 of the Income Tax Act, 1961 (for brevity ‘the Act’) for Assessment Year 2024-25, date of order 05.02.2026. The ITA 6180/MUM/2026

impugned order emanated from the order of the CPC, Bengaluru, (for brev

The order continues below.

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