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

ITA 2095/MUM/2026Status: DisposedITAT Mumbai30 June 2026AY 2013-146 pages
AI SummaryAllowed

What were the facts?

The assessee is a family trust created by a Will. The tax was initially levied at the maximum marginal rate due to indeterminate beneficiary shares. The assessee's rectification application was rejected by the AO and CIT(A) as it required factual verification beyond section 154.

What did the Tribunal hold?

The Tribunal held that consistency should be maintained with previous years where similar issues were accepted by the Revenue. The Tribunal set aside the CIT(A)'s order and directed the AO to assess the trust at the rate applicable to an individual after verification.

What were the issues?

Whether the trust should be taxed at the maximum marginal rate or the rate applicable to an individual, and whether the issue could be decided in appeal despite being rejected under section 154.

Which sections of the Income-tax Act were involved?

Section 154,Section 164(1),Section 254,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI JAGADISH

For Appellant: Shri Sunil Hirawat, CA
For Respondent: Shri Mehul Jain, SR. DR
Hearing: 12.05.2026Pronounced: 30.06.2026

Per: SHRI JAGADISH, A.M.:

1.

This appeal by the assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Chennai, dated 04.02.2026 for the assessment year 2013-14 arising out of the order passed by the Assessing Officer under section 154 of the Income-tax Act, 1961 ("the Act").

2.

The assessee has raised the following effective ground of appeal:

"On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Assessing Officer in charging tax at the maximum marginal rate instead of the rate applicable to an individual, without appreciating that the appellant trust w

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 154

All 8,554 judgments and leading authorities on Section 154 →

Recent GST High Court judgments

Search GST case law →