Private Discretionary Trust cannot be treated as ‘Individual’ for Difficulties in E-filing Software

Mamania Family Trust Vs ACIT (ITAT Mumbai) With regard to the substantial issue of treating the assessee as AOP as against the status of a private discretionary trust as ‘individual’, we are of the considered view that the Ld. CIT(A) has rightly decided the issue in the light of various judicial decisions. The Ld. CIT(A) has interpreted the meaning of AOP on a comparison with the Hon’ble Supreme Court decision in the case of CIT vs. Indira Balkrishna (39 ITR 546) (SC) with that of the subsequent amendment by explanation to section 2(31) wherein the AOP can be formed without the common ob...