ITO WD 19(3)(1), Mumbai vs. Dhfl Venture Capital Fund, Mumbai
In the result, all the appeals of the Revenue are dismissed
ITA 3179/MUM/2014[2009-10]Status: DisposedITAT Mumbai28 Apr 2017AY 2009-10
Bench: Shri D.T. Garasia & Shri Rajesh Kumar
For Appellant: Shri Purushottam Kumar, Sr. A.RFor Respondent: Shri Vijay Mehta, D.R
Section 10Section 161Section 61
…ng the principle that the status of Private Trust carrying the business in accordance with trust deed can be taken as Association of Person assessed at maximum marginal rate as held by Hon 'ble Madras High Court in the case of CIT Vs. Kumar Publication Trust (262 ITR 173 MAD) and further that the income earned by the Trust which was assessable under the head business income was taxable at maximum marginal rate u/s 161(1A) of the Income Tax Act as held in the case of CIT Vs. J. K. Holdings 182 CTR 243 (BOM), after arriving at a finding in Para 9.25 of his order that the appellant is a “Trust”, and overlooking the…