Dismissing the appeal of the assessee the, Tribunal held that in case of unregistered Trust, if Trustees are having taxable income, Trust is to be assessed as an AOP at maximum marginal rate. (AY. 2011-12)
Basil Mendes Memorial Educational & Charitable Trust v. ITO (2018) 173 ITD 390 (Bang.)(Trib.)
S. 164 : Representative assessees-Charge of tax – Beneficiaries unknown -Un registered trust- Trustees filing their return showing taxable income – Trust is to be assessed as an AOP and the income would be taxable at maximum marginal rate .[ S.12A, 164(1), 167B ]