247 ITR 1/114 Taxman 666 (Bom.), L R. Patel Family Trust v. ITO

262 ITR 520High Court2003#24080 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 331,145 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 143(1)Section 160Section 164Section 167BSection 2(29C)Section 250Section 4

Judgments citing 247 ITR 1/114 Taxman 666 (Bom.), L R. Patel Family Trust v. ITO

Pradyumna Dalmia Beneficiary Trust, Kolkata vs. ADIT(CPC)/I.T.O., Ward - 33(2), Kolkata

In the result, both the appeals filed by the assessee are allowed

ITA 1613/KOL/2024[2021-2022]Status: DisposedITAT Kolkata11 Aug 2025AY 2021-2022

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(1)Section 250

…ore the Ld. Addl/JCIT(A), the assessee had relied upon the following judicial pronouncements: i) CIT v. Shri Krishna Bhandar Trust 201 ITR 989 (Calcutta High Court) [1993] ii) Nizam's Family Trust 108 ITR 555 (Supreme Court) iii) LR Patel Family Trust v. ITO 262 ITR 520 (Bombay High Court) iv) CIT V S.A.E. Head Office Trust 271 ITR 159 (Delhi High Court) v) DIT V. Shardaben Maftalal Trust 247 ITR 1 (Bombay High Court) 4. The Ld. Addl/JCIT(A) examined the matter. It was argued before the Ld. Addl/JCIT(A) that the surcharge should be levied on the basis of the income and written submissions were filed relying upon…

Income Tax Officer-23(1)(2), Mumbai vs. Indian Corporate Loan Securities Trust 2008 Series 14, Mumbai

In the result, Revenue's appeal for A

ITA 4789/MUM/2017[2010-11]Status: DisposedITAT Mumbai29 Jan 2020AY 2010-11

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust 2008 Matru Mandir Series 14 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block 3Rd Floor, Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat16786P (Appellant) .. (Respondent) The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust Series Iii Matru Mandir 2009 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat17440L (Appellant) .. (Respondent) The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust Series Matru Mandir 2008 Series 36 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat16925L (Appellant) .. (Respondent) आदेश / O R D E R Per Bench: These Appeals In Ita No.4789/Mum/2017, 4791/Mum/2017 & 4794/Mum/2017 For A.Y.2010-11 Arise Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-32, Mumbai In Appeal No.Cit(A)- 32/It-604/23(1)(2)/2015-16, Cit(A)-32/It-48/19(3)(2)/2012-13 & Cit(A)-32/It-483/Ito-19(3)(4)/12-13 Respectively Dated 24/04/2017 (Ld. Cit(A) In Short) Against The Order Of Assessment Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As Act) Dated 26/02/2016, 31/10/2012 Respectively By The Ld. Income Tax Officer – 23(1)(2) & 19(3)(2) Respectively, Mumbai (Hereinafter Referred To As Ld. Ao).

Section 10Section 143(3)Section 148Section 161Section 161(1)Section 61

…. (iv) A trust cannot be regarded as an AOP, as held by the Jurisdictional High Court in the case of: (1) DIT(Exemption) v. Shardaben Bhagubhai Mafatlal Public Charitable Trust No.8 [2001] 247 ITR 1/114 Taxman 666 (Bom.), L R. Patel Family Trust v. ITO [2003] 262 ITR 520/129 Taxman 720 (Bom.) and CIT v. Marsons Beneficiary Trust [1991] 188 ITR 224/[1990] 52 Taxman 454 (Bom.) 6.5.4 Therefore, the contention of the assessee is that it is a valid trust and since it has complied with all the required statutory approvals and procedures, it cannot be considered as an invalid trust, for income tax purposes. 6.6.1 Per co…

ITO 19(3)(2), Mumbai vs. Indian Corporate Loan Securitization Trust 2008 Series 14I, Mumbai

In the result, Revenue’s appeal for A

ITA 4343/MUM/2013[2009-10]Status: DisposedITAT Mumbai17 Feb 2017AY 2009-10

Bench: Shri Jason P. Boaz & Shri Sandeep Goasinindian Corporate Loan Securitisation Income Tax Officer-9(3)(2) Trust- 2008 Series 14 Mumbai C/O. Il & Fs Trust Co. Ltd. Vs. 10Th Floor, “G” Block, Bkc Bandra (E), Mumbai 400051 Pan – Aaati6786P Appellant Respondent Income Tax Officer-(23)1)(2) Indian Corporate Loan [Erstwhile Ito-19(3)(2)] Securitisation Trust- 2008 Series 14 Room No. 108, Matru Mandir Vs. C/O. Il & Fs Trust Co. Ltd. Tardeo Road, Grant Road 10Th Floor, “G” Block, Bkc Mumbai 400007 Bandra (E), Mumbai 400051 Pan – Aaati6786P Appellant Respondent

For Appellant: Shri S.E. Dastur &For Respondent: Shri P.C. Chhotaray

…not in existence, then the entire securitization scheme would fail. (iv) A trust cannot be regarded as an AOP, as held by the Jurisdictional High Court in the case of: (l) DIT vs. Shardaben Bhagubhai Mafatlal 247 ITR 1 (Bom.), L R. Patel Family Trust vs. ITO 262 ITR 520 (Bom.) and CIT vs. Marsons Beneficiary Trust 188 ITR 224 (Bom.) 6.5.4 Therefore, the contention of the assessee is that it is a valid trust and since it has complied with all the required statutory approvals and procedures, it cannot be considered as an invalid trust, for income tax purposes. 6.6.1 Per contra, the learned counsel for Revenue stro…