RAHULKUMAR BAJAJ CHARITABLE TRUST,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

ITA 1769/MUM/2025Status: DisposedITAT Mumbai23 December 2025AY 2022-23Bench: SHRI OM PRAKASH KANT (Accountant Member), MS. KAVITHA RAJAGOPAL (Judicial Member)1 pages
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What did the Tribunal hold?

The Tribunal held that for trusts/AOPs assessed at Maximum Marginal Rate (MMR), the surcharge must be computed with reference to the slab rates prescribed in the Finance Act. For income between Rs. 50 lakhs and Rs. 1 crore, the surcharge rate should be 10%.

What were the facts?

The assessee, a charitable trust, was assessed as an Association of Persons (AOP) after its return was processed under Section 143(1). The tax was levied at a flat rate of 30% with a surcharge of 37%, which the assessee contended was incorrect.

What were the issues?

The key issues were the correct rate of tax and surcharge applicable to a charitable trust assessed as an AOP, and whether the Maximum Marginal Rate (MMR) included the highest surcharge rate.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 2(29C),Section 164

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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI OM PRAKASH KANT, AM

For Appellant: Shri R. R. Makwana, Addl. CIT
For Respondent: Shri R. R. Makwana, Addl. CIT
Hearing: 26.09.2025Pronounced: 23.12.2025

Per Kavitha Rajagopal, J M:

These captioned appeals have been filed by the assessee, challenging the order

of the learned Commissioner of Income Tax (Appeals) ADDL/JCIT (A), Udaipur (‘ld. CIT(A)’ for short), passed u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2021-22 to 2023-24. 2. As the facts are identical, we hereby pass a consolidated order by taking ITA No.1768/Mum/2025 for A.Y. 2021-22 as a lead case for sake of convenience.

ITA No. 1768/Mum/2025; (A.Y.: 2021-22)

3.

The assessee has raised the following grounds of appeal: “I. ADJUSTMENT MADE UNDER SECTION 143(1) OF

The order continues below.

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