Topic

ITAT Delhi tax ruling

2 articlesLatest May 2026
Section 167A Income Tax Act | Charitable Trusts Without Section 11 Exemption Taxed as Individuals, Not AOPs: ITAT Delhi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 167A Income Tax Act | Charitable Trusts Without Section 11 Exemption Taxed as Individuals, Not AOPs: ITAT Delhi

ITAT Delhi holds that charitable trusts not availing exemption under Section 11 of the Income Tax Act must be taxed at individual slab rates, not as Associations of Persons (AOPs) under Section 167A. The ruling clarifies that trusts without defined beneficiaries or members are not AOPs, impacting tax liability calculations for non-exempt charitable entities.

Section 143(3) IT Act | Assessment Against Non-Existent Merged Entity Void Ab Initio; Jurisdictional Defect Cannot Be Cured Under Sections 154/292BB : ITAT Delhi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 143(3) IT Act | Assessment Against Non-Existent Merged Entity Void Ab Initio; Jurisdictional Defect Cannot Be Cured Under Sections 154/292BB : ITAT Delhi

ITAT Delhi rules that assessment proceedings initiated against a merged entity post-merger are void ab initio, as the jurisdictional defect cannot be rectified under Sections 154 or 292BB of the Income Tax Act. The ruling underscores that tax authorities must verify entity existence before initiating assessments, impacting merged companies and tax practitioners.