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2023 (5) TMI 534

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..... to the trust. - Shares of beneficiaries of trust are determined and chart for A.Y 2016-17 to 2019- 20 filed by the assessee clearly shows that conditions as prescribed in various provisions of the Act to claim basic exemption and slab benefit are being fulfilled by the assessee family trust. As per legal positions in favour of assessee it is hereby directed to the A.O for redetermination of assessee family trust tax liability giving basic exemption and slab benefit. It is directed to the assessee also to appear and co-operate before the A.O in terms of filing requisite information and explanations required to verify the claim raised by him. Appeal filed by the assessee is allowed for statistical purposes. - ITA No. 1482/Mum/2021 And .....

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..... craves leave of Your Honour to add to, alter, amend and/ or delete all or any of the foregoing grounds of appeal. 2. Brief facts of the case are that the assessee filed its return of income u/s 139(1) on 30-09-2014 in ITR-7. Assessee trust is a family trust liable to file its return in ITR-5. ITR-7 is applicable to the charitable trust registered u/s 12A. 3. As the issue involved in ITA No. 1482/Mum/2021 (A.Y. 2014-15) and ITA No. 1483/Mum/2021 (A.Y. 2015-16) are identical, both the appeals are being clubbed together for adjudication. 4. Assessee received intimation u/s 143(1)(a) vide dated 14-03-2016. Wherein in absence of details of section 12A registration, income of the assessee was made taxable under the category of AOP/BOI .....

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..... facts and legal positions in favour of assessee it is hereby directed to the A.O for redetermination of assessee family trust tax liability giving basic exemption and slab benefit. It is directed to the assessee also to appear and co-operate before the A.O in terms of filing requisite information and explanations required to verify the claim raised by him. 9. In the result, appeal filed by the assessee is allowed for statistical purposes. ITA No. 1483/Mum/2021 A.Y. 2015-16 10. As the grounds raised and facts applicable to this appeal are similar to the Appeal No. 1482/Mum/2021 for A.Y. 2014-15, the results of adjudication are applicable mutatis mutandis to this appeal also. 11. In the result, appeal filed by the assessee is .....

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