Saraswat Hitwardhak v. ITO (2020) 77 ITR 89 (SN) (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Trust-Beneficiaries a group of individuals-Does not mean association of persons-Assessee to be treated an individual. [S. 2(31)(v), 12A]

Tribunal held  that the trust was treated as an individual. Therefore, the AO  was to tax the assessee treating it as an individual instead of an association of persons. The fact that the beneficiaries were a group of individuals did not mean that the liability of the assessee was of the association of persons. The term “individual” does not mean a single living human being. It can include a body of individuals constituting a unit for the purposes of the Act. Even though the assessment of income was in the hands of the Trust, it had to be made in the same manner and to the same extent as it would have been made in the hands of the beneficiaries. (AY.2012-13)