ESTATE OF LATE HARKISHIN BHOJRAJ CHANRAI,MUMBAI vs. DCIT CPC, MUMBAI

ITA 2324/MUM/2021Status: DisposedITAT Mumbai29 June 2022AY 2019-205 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that as per Section 168(1)(b) of the Act, the income of the estate should be taxed at normal slab rates applicable to an Association of Persons. The CIT(A)'s agreement with this principle meant the assessee should not have been denied relief.

What were the facts?

The assessee, an estate of a deceased individual with two executors, filed its return declaring income and computed tax at normal slab rates. The AO, however, computed tax at the Maximum Marginal Rate (MMR). The CIT(A) confirmed the MMR, though in his order he agreed that tax should be computed at slab rates.

What were the issues?

Whether the income of an estate with two executors should be taxed at the Maximum Marginal Rate or at normal slab rates applicable to an Association of Persons. Whether the CIT(A) erred in confirming the MMR despite agreeing with the assessee's contention on slab rates.

Which sections of the Income-tax Act were involved?

Section 168

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

For Appellant: Ms Rajni Ram, AR
For Respondent: Shri Himanshu Sharma, DR
Hearing: 23.05.2022Pronounced: 29.06.2022

PER PRASHANT MAHARISHI, AM:

01.

This appeal is filed by assessee against the order passed by National Faceless Appeal Centre, Delhi [the learned CIT (A)] for A.Y. 2019-20 dated 18th October 2021. 02. Assessee has raised following grounds of appeal:-

“On the facts and circumstances of the case and in law

Ground No. 1: Exparte Order

1.

The learned CIT(A) erred in passing an exparte Order, on the ground that there was no response on Estate of Late Harkishin Bhojraj Chanrai; A.Y. 19-20 the income tax website, to the notices of hearing and failed to take into consideration that the income tax website had been completely revamped and that the access to the website was not possible since the Username (PAN of Estate) and Password was treated

The order continues below.

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