Income of Estate of Deceased Assessee taxable at normal slab rates

Estate of Late Harkishin Bhojraj Chanrai Vs DCIT CPC (ITAT Mumbai)

Undisputed facts though the assessee has filed its return of income declaring an income of ₹ 1,288,261/– in the status of association of person of estate of a diseased individual. The tax liability is required to be computed as per the normal tax as applicable to an Association of person as per paragraph A of part I of the first schedule of the finance act, 2019. This fact has been agreed by the learned CIT – A also. However, the relief was not granted because assessee could not file reply for the reason that password and login ID of the assessee for disabled. Even otherwise, when the CIT appeal agrees with the contention that the tax should be charged at the normal slab rates, submission of the assessee should not have made any difference. We fully agree with the contention of the learned authorised representative that the income is required to be charged as per the normal slab rates as per the provisions of Section 168 (1) (b) of the act with respect to the first schedule of The Finance Act 2019. Accordingly, we direct the learned assessing officer to tax the income of the assessee as per normal slab rates and not at maximum marginal rate.

FULL TEXT OF THE ORDER OF ITAT MUMBAI

01. This appeal is filed by assessee against the order passed by National Faceless Appeal Centre, Delhi [the learned CIT (A)] for A.Y. 2019-20 dated 18^th October 2021.

02. Assessee has raised following grounds of appeal:-

Please become a Premium member. If you are already a Premium member, login here to access the full content.