2022 (9) TMI 768

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..... .D. Gupta, Sr. D.R. ORDER PER BENCH:- This is an appeal for A.Y. 2018-19 filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi dated 31-03- 2022, in DIN & Order No. ITBA/NFAC/S/250/2021-22/1042324338(1), in proceedings under section 154 of the Income Tax Act, 1961; in short "the Act". 2. The assessee has taken the following grounds of appeal:- "1. The C .....

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..... tion 143(1) of the Act. Aggrieved, the assessee filed appeal before Ld. CIT(A), who dismissed the assessee's appeal with the following observations" "4. Appellant filed copy of will of Late Mr. Manilal Fulchand Mehta in which the discretionary trust was created with Mr. Anil Mehta and Mr. Pranav Mehta as trustees and it is created for benefit of Anil Mehta, Pranav Mehta and any other member adde .....

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..... ; and not in status of 'association of persons. Accordingly, the counsel for the assessee argued that in case of trust formed under a will, in view of the decision of the Gujarat High Court in the case of Deepak Family Trust supra, the assessee trust was required to be assessed at individual rates of taxation and not at the maximum marginal rate of taxation, as done in the present case. In res .....

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