Executor to Estate of Amirali J. Dossa v. ITO 23(1)(1)

Parties Involved

Facts Summary

The assessee is a trust formed as per the will of late Mr. Amirali J. Dossa who expired on 14/11/2013, to manage and administer his estate. The trust left behind by the assessee is a specific trust giving direction for the bequest of his properties among his three legal heirs i.e. his two wives and a minor son. The inheritance in favour of the first two legal heirs is complete. Since, the third legal heir was a minor and some funds were left behind, therefore, the estate account continued for the sole beneficiary, being minor son of the late Mr. Amirali J. Dossa. The CPC applied maximum marginal rate on AOP u/s. 143(1) of the Income Tax Act against which the assessee filed the appeal before Ld. CIT(A) vide order dated 19.01.2024, Ld. CIT(A) dismissed the appeal of the assessee.…

Legal Issues

• 1. Whether the AO was justified in taxing the appellant to tax at the maximum marginal rate applicable to an AOP as against his obligation to charge the AOP to tax as an Individual.
• 2. Whether the CIT(A)/NFAC was justified in holding that the AO CPC was justified in charging interest u/s.234B at Rs.17,661/- as against interest chargeable at NIL.
• 3. Whether the CIT(A) NFAC was justified in holding that the AO CPC was justified in charging interest u/s.234C at Rs.12,741/- as against interest chargeable at NIL.

Judgment Outcome

Decided in favour of Assessee.

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