The
Income Tax Appellate Tribunal, Delhi (“E” Bench), in Assistant Commissioner
of Income-tax v. Merilina Foundation (ITA No. 1881/Del/2020 with C.O. No.
110/Del/2022), examined the validity of reassessment proceedings and the
availability of deduction under Section 54F of the Income-tax Act, 1961, to a
private trust assessed as a representative assessee.
The
assessment for A.Y. 2011–12 was reopened under Sections 147/148 on the premise
that income had escaped assessment in view of substantial term deposits and
interest receipts. In reassessment, the Assessing Officer denied the exemption
claimed under Section 54F on the ground that the provision is available only to
individuals or HUFs and not to a trust/AOP. The CIT(A) deleted the addition,
holding inter alia that the return originally filed was to be treated as valid
in the peculiar facts and that the assessee was entitled to Section 54F relief.
Before
the Tribunal, the Revenue challenged the grant of Section 54F deduction. The
Tribunal noted that the assessee is a private trust with identified
beneficiaries and that the trust is assessed as a representative assessee
under Section 161. Relying on judicial precedents, including Bal Gopal
Trust (ITAT Mumbai), Mrs. Amy F. Cama (Bombay High Court), Niti
Trust (Gujarat High Court), CIT v. Deepak Family Trust (Gujarat High
Court), and CIT v. Shri Krishna Bandar Trust (Calcutta High Court), the
Tribunal reiterated the settled principle that, by virtue of Section 161, the
trustee bears the same duties, responsibilities, and liabilities as the
beneficiary, and all benefits available to the beneficiary must equally be
available to the trustee when assessed in a representative capacity.
Applying
the above principle, the Tribunal held that denial of Section 54F merely on the
ground that the assessee is a trust/AOP is unsustainable where the trust is a
private trust assessed under Section 161 and the transaction and investment
conditions of Section 54F are otherwise satisfied. The Tribunal further found
no infirmity in the CIT(A)’s approach and declined to interfere.
Accordingly,
the Revenue’s appeal was dismissed. Consequentially, the assessee’s cross
objection was held to be infructuous and dismissed
Source- https://itat.gov.in/public/files/upload/1757488430-fqjCW9-1-TO.pdf
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