ESTATE OF VASANT J PATKI,MUMBAI vs. DCIT 24.1, MUMBAI

ITA 8971/MUM/2025Status: DisposedITAT Mumbai23 June 2026AY 2023-246 pages
AI SummaryAllowed

What were the facts?

The assessee, as the executor of a deceased person's estate, filed its return as an Artificial Juridical Person (AJP) and sought taxation under Section 168 at individual slab rates. The CIT(A) treated the estate as an Association of Persons (AOP) due to multiple executors and directed taxation at the Maximum Marginal Rate (MMR) under Section 167B.

What did the Tribunal hold?

The Tribunal, following its own precedent and High Court decisions, held that the estate should be taxed at normal slab rates and not at the Maximum Marginal Rate. The assessment status as an AOP was considered for statistical purposes only, with the rate of taxation to be as per normal slab rates.

What were the issues?

Whether the estate of a deceased person administered by multiple executors should be taxed as an Association of Persons (AOP) at Maximum Marginal Rate (MMR) or under Section 168 at individual slab rates.

Which sections of the Income-tax Act were involved?

Section 168,Section 167B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘E’ BENCH

For Appellant: Shri M Subramaniam
For Respondent: Smt. Sujatha Iyyanger
Hearing: 23/06/2026Pronounced: 23/06/2026

PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against order dated 12/11/2025 passed by Addl/JCIT(A)-2, Kolkata in relation to the adjustment made u/s.143(1) for the A.Y.2023-24. 2 Estate of Vasant J Patki

2.

Here in this case the core issue requiring adjudication is whether the estate of Late Shri Vasant Janardan Patki, administered by an executor pursuant to a probate granted by the Hon’ble Bombay High Court, is liable to be assessed under section 168 as the Estate of a Deceased Person, or whether the learned CIT(A) was justified in treating the same as an Association of Persons (AOP) and applying the provisions of section 167B.

3.

The assessee has challenged the action of the learned CIT

The order continues below.

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