RAMKRISHNA BAJAJ CHARITABLE TRUST,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 26(1), , MUMBAI
What did the Tribunal hold?
The Tribunal allowed the appeal, holding that the assessee was entitled to deduction under Section 80-GGA read with Section 35AC and exemption under Section 10(34). It was also held that tax should be levied at normal slab rates, not the maximum marginal rate.
What were the facts?
The assessee trust challenged the denial of deduction under Section 80-GGA read with Section 35AC and the denial of exemption under Section 10(34) for dividend income. The assessee also contested the levy of tax at a flat rate of 30%.
What were the issues?
Whether the assessee trust is eligible for deduction under Section 80-GGA and exemption under Section 10(34) when it has not claimed benefits under Section 11. Also, whether tax should be levied at slab rates or maximum marginal rate.
Which sections of the Income-tax Act were involved?
Section 80-GGA,Section 35AC,Section 10(34),Section 11,Section 13,Section 167A,Section 164(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES, MUMBAI
Before: HON’BLE SANDEEP GOSAIN & HON’BLE BIJAYANANDA PRUSETH, ACCOUNTANT
PER SANDEEP GOSAIN, JUDICIAL MEMBER:
This appeal is filed by the Assessee against the order of Ld. National Faceless Appeal Centre (NFAC) - Delhi vide DIN: ITBA/NFAC/S/250/2025-26/1082482320(1) dated 11-Nov-2025 for the ITA 65/MUM/2026
Assessment Year 2014-15. The Assessee has raised the following grounds of appeal:
I. DENIAL OF DEDUCTION UNDER SECTION 80-GGA READ WITH SECTION 35AC OF THE
The order continues below.
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