According to the trust deed, all the trust property including accumulation in the form of yearly income and other accretions to the trust property were to vest with the sole beneficiary after her attaining 18 years of age or March 31, 2015, whichever was later, along with all the rights of ownership, use, possession and dispossession thereof. Since the beneficiary completed the age of 18 years on March 9, 2015, the trust was in existence during the assessment year 2016-17 but not after March 9, 2015, as it stood dissolved or extinguished on March 31, 2015. The notice issued by the PCIT to the assessee on March 15, 2021 was made to a non-existing and expired trust. As a result, the order passed by the PCIT was illegal and not a procedural irregularity which could be cured under section 292B of the Act. (AY. 2016-17).
Bhavya RPG Trust v. PCIT (2021) 91 ITR 135 (Delhi)(Trib.) Varnika RPG Trust v. PCIT (2021) 91 ITR 135 (Delhi)(Trib.) Dhruv Gupta (Manish Dhruv Trust) v. PCIT (2021) 91 ITR 135 (Delhi.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Trust deed providing for its dissolution on beneficiary attaining age 18-Revenue was informed about dissolution of Trust-Notice issued in name of trust after extinguishment of trust-Not curable defects-Notice illegal and Order to be quashed. [S. 143(3), 292B]