2019 (6) TMI 1047

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..... cable and since the Deity is a juristic person and having the status of an individual, as held in the case of Official Trustee of West Bengal [ 1973 (12) TMI 1 - SUPREME COURT] the tax rates and the slabs as applicable to an individual would apply. I therefore hold so. Direct that the tax slab as applicable to individual be applied to the assessee. Thus, the grounds of assessee are allowed. - ITA No.494/PUN/2019 - - - Dated:- 10-6-2019 - SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER For The Assessee : Shri C.H. Naniwadekar For The Revenue : Shri M.K. Verma ORDER PER ANIL CHATURVEDI, AM : 1. This appeal filed by the assessee is emanating out of .....

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..... - and interest of ₹ 5,017/-). The tax in the past is always assessed as an AOP. 2. The point is to be noted that the income arises from the trust is not for the benefit of the trustee but for the maintenance and upkeep of Shri Vijayadurga Devi Devasthan, and all matters connected with and incidental thereto, including all religious, cultural activities and performance of festivals, to keep the premises clean, provision of lights, lamps etc. 3. Both the grounds being inter-connected are considered together. 4. Before me ld AR reiterated the submissions made before lower authorities and further submitted that assessee is a Trust formed in 1968 and the object of the Trust inter-alia was .....

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..... 5. I have heard the rival submissions and perused the material on record. It is an undisputed fact that the trust has been created in the year 1968 and as per the trust deed, the entire income is to be used for the upkeep of Deity. It is also an undisputed fact that the Deity is the sole beneficiary of the Trust. It is also a fact that there is no dispute with respect to the status of the assessee and the income returned by the assessee. The only dispute is whether the tax has to be computed on the basis of tax rates applicable to an individual or the provisions of Sec.167B would apply. The perusal of Sec.167B of the Act reveals that the provision applies to an association or persons or body of individuals where its income is ind .....

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