COT v. Marsons Beneficiary Trust

201 ITR 989High Court1993#3323 most cited

What is COT v. Marsons Beneficiary Trust authority for?

The determination of an assessee's status, such as 'association of persons' or 'individual', is integral to income computation and guides eligibility for deductions like Section 80L.

36

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

COT v. Marsons Beneficiary Trust · 201 ITR 989 · 1993 · Calcutta High Court · assessee status · association of persons · individual status · section 80L deduction · discretionary trust

Sections most often in play

Section 1961Section 131Section 132Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 153A

Issues it is cited on

self occupied propertysection 80lsection 23(2)section 2(31)section 23(1)interest on interestannual letting valueannual valuesection 22section 40a(3)share application moneyaddition u/s 68

Judgments citing COT v. Marsons Beneficiary Trust

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

…ised was that the surcharge levied @ 37% should be reduced to 25% as the income of the assessee was between ₹2 and ₹5 Crore. Before 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…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2776/DEL/2022[2019-20]Status: DisposedITAT Delhi20 Nov 2024AY 2019-20

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2775/DEL/2022[2018-19]Status: DisposedITAT Delhi20 Nov 2024AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2774/DEL/2022[2017-18]Status: DisposedITAT Delhi20 Nov 2024AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2773/DEL/2022[2016-17]Status: DisposedITAT Delhi20 Nov 2024AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2772/DEL/2022[2015-16]Status: DisposedITAT Delhi20 Nov 2024AY 2015-16

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTER CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2771/DEL/2022[2014-15]Status: DisposedITAT Delhi20 Nov 2024AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

ITA 2770/DEL/2022[2013-14]Status: DisposedITAT Delhi20 Nov 2024AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

For Appellant: Shri Akkal Dudhwewala, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 132Section 139Section 143(2)Section 153ASection 22Section 23(2)

…be entitled to deduction under section 80L. The order of the Commissioner (Appeals) was justified in allowing the assessee’s claim. ” 5.2 The above decision of the Hon’ble Tribunal has since been upheld by the Hon’ble Calcutta High Court which is reported in 201 ITR 989 wherein it was held as follows: Since the determination of the status of an assessee is a part of the process of computation of income, it is necessary to look into the general principles for determining whether the status of the trustees of a discretionary trust can be taken to be as "an association of persons" or as an "individual". The Supreme…

GULAB GRANDSONS FOUNDATION,KOLKATA vs. ITO, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 353/KOL/2023[2018-19]Status: DisposedITAT Kolkata22 Jul 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139Section 139(9)Section 164(1)Section 164(3)Section 44A

…n AOP/BOI. In defense of his argument the Ld. A.R relied on a series of decisions namely: 3 I.T.A. No.353/Kol/2023 Assessment Year: 2018-19 Gulab Grandsons Foundation i) Decision of Calcutta High Court in the case of CIT vs. Shri Krishna Bhandar Trust [1993] 201 ITR 989 (Cal) ii) Decision of Madras High Court in the case of CIT vs . Venu Suresh Sanjay Trust in [1996] 221 ITR 649 iii) ITAT, Bangalore Branch in the case of Guru Trust in ITA No. 1250/Bang/1989 and CO No. 54/Bang/1989 iv) Karnataka High Court in the case of CIT vs. K Shyamaraju (Trustees) in [1991] 189 ITR 392. v) Madras High Court in the case of Ar…

INCOME TAX OFFICER, JAIPUR vs. RVCF TRUST-II, JAIPUR, JAIPUR

In the result, the appeal of the Revenue is dismissed

ITA 198/JPR/2022[2011-12]Status: DisposedITAT Jaipur31 Oct 2022AY 2011-12

Bench: The Income Tax Appellate Tribunal, Jaipur Within 30 Days I.E. On Or Before 13.06.2022. In View Of The Above The Physical Appeal Was Filed On 19.05.2022 Well Before 12.06.2022 As Directed In The Said Mail.

For Appellant: Shri Anil Goyal (CA) &For Respondent: Shri Sanjay Dhariwal (CIT) a
Section 10Section 143(1)Section 143(2)Section 166Section 199Section 2(15)

…in which two or more persons join in a common purpose or common action and as words occur in section which imposes a tax on income, association must be one object of which is to produce income, profits or gains – Held, yes • CIT Vs Marsons Beneficiary Trust (188 ITR 224) (Bom) Section 4 of the Income-tax Act, 1961 - Association of persons - Assessability of - Whether on basis of facts mentioned under heading 'trustees' beneficiaries could be assessed in status of AOP when they had not come together with common purpose of earning income - Held, no Ground no 2 of the department: ‘Whether on the facts and circumst…

KWA TRUST,MUMBAI vs. ITO (EXEMPTIONS)-1(4), MUMBAI

The appeal of the assessee is partly allowed

ITA 777/MUM/2019[2013-14]Status: DisposedITAT Mumbai16 Jul 2020AY 2013-14

Bench: Shri Ramesh C. Sharma & Shri Vikas Awasthyआअसं. 777/मुं/2019 ("न. व.2013-14) Kwa Trust, 52, 5Th Floor, Maker Tower ‘F’ Cuffe Parade, Colaba, Mumbai 400 005 Pan:Aaatk 0114F ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer (Exemptions)-1(4), Room No.507, 5Th Floor, Piramal Chambers, Lalbaug, ..... ""तवाद"/Respondent Mumbai 400 012. अपीलाथ" "वारा/ Appellant By : Shri V. Mohan ""तवाद" "वारा/Respondent By : Shri Amit Pratap Singh सुनवाई क" "त"थ/ Date Of Hearing : 10/02/2020 घोषणा क" "त"थ/ Date Of Pronouncement : 16/07/2020 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri V. MohanFor Respondent: Shri Amit Pratap Singh
Section 11Section 11(5)Section 12ASection 13

…आयकर अपील"य अ"धकरण मुंबई पीठ “एसएमसी”, मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI "ी रमेश सी. शमा", लेखा सद"य एवं "ी "वकास अव"थी, "या"यक सद"य के सम" BEFORE SHRI RAMESH C. SHARMA, ACCOUNTANT MEMBER & SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं. 777/मुं/2019 ("न. व.2013-14) KWA Trust, 52, 5th Floor, Maker Tower ‘F’ Cuffe Parade, Colaba, Mumbai 400 005 PAN:AAATK 0114F ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer (Exemptions)-1(4), Room No.507, 5th Floor, Piramal Chambers, Lalbaug, ..... ""तवाद"/Respondent MUMBAI 400 012. अपीलाथ" "वारा/ Appellant by : Shri V. Mohan ""तवाद" "वारा/…

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

…h 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 contra, the learned counsel for Revenue strongly argued that the assessee is not…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1486/HYD/2018[2015-16]Status: DisposedITAT Hyderabad15 Mar 2019AY 2015-16

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1485/HYD/2018[2014-15]Status: DisposedITAT Hyderabad15 Mar 2019AY 2014-15

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

RONAK WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1484/HYD/2018[2013-14]Status: DisposedITAT Hyderabad15 Mar 2019AY 2013-14

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

SHRESTHA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1483/HYD/2018[2015-16]Status: DisposedITAT Hyderabad15 Mar 2019AY 2015-16

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

SHRESTHA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1482/HYD/2018[2014-15]Status: DisposedITAT Hyderabad15 Mar 2019AY 2014-15

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

SHRESTHA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1481/HYD/2018[2013-14]Status: DisposedITAT Hyderabad15 Mar 2019AY 2013-14

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

KRISHNA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1480/HYD/2018[2015-16]Status: DisposedITAT Hyderabad15 Mar 2019AY 2015-16

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

KRISHNA WELFARE TRUST,ADILABAD vs. INCOME TAX OFFICER, WARD-1, ADILABAD

In the result, appeals filed by the respective assessees are allowed

ITA 1479/HYD/2018[2014-15]Status: DisposedITAT Hyderabad15 Mar 2019AY 2014-15

Bench: Smt. P. Madhavi Devi

For Appellant: Shri A. SrinivasFor Respondent: Shri D.J.Prabhakar Anand
Section 143(1)Section 154Section 167B

…on the following case law: i) CIT vs. Indira Balakrishna 39 ITR 546 (S.C) Page 4 of 9 ITA Nos1472 to 1486 of 2018 Shreya Welfare Trust and others Adilabad. ii) COT vs. Marsons Beneficiary Trust – 188 ITR 224 (Bombay) iii) CIT vs. Shree Krishna Bandar Trust 201 ITR 989 Calcutta iv) DIT vs. Shardaben Bhagubhai Maftlal-247 ITR 1 Bombay 6. Thus, even on merits, according to him, the order u/s 154 is not sustainable. 7. The learned DR, on the other hand, supported the orders of the authorities below and submitted that the assessee itself has declared its status as an AOP in its return of income and the AO had not…

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COT v. Marsons Beneficiary Trust (201 ITR 989) — Cited in 36 Judgments | BharatTax