PRADYUMNA DALMIA BENEFICIARY TRUST,KOLKATA vs. ADIT(CPC)/I.T.O., WARD - 33(2), , KOLKATA

ITA 1613/KOL/2024Status: DisposedITAT Kolkata11 August 2025AY 2021-2022Bench: SHRI PRADIP KUMAR CHOUBEY (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the surcharge is leviable based on the quantum of income falling within a given range, not on the applicable tax rate. It directed the recomputation of tax liability applying the correct surcharge rates.

What were the facts?

The assessee, a private discretionary trust, filed its return of income for AY 2021-22 showing a total income of Rs. 3.04 crores. The CPC processed the return and levied a surcharge at 37%, which the assessee contended should be 25% based on its income range.

What were the issues?

The primary issue was the correct rate of surcharge applicable to a private discretionary trust, specifically whether it should be based on the income slab or the maximum marginal rate.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 164,Section 167B

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Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: SHRI PRADIP KUMAR CHOUBEY & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Addl/JCIT(A)-1, Lucknow [hereinafter referred to as Ld. ‘Addl/JCIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2021-22 dated 25.07.2024, which has been passed against the intimation order u/s 143(1) of the Act, dated 13.10.2022. I.T.A. No.: 1613/KOL/2024 Assessment Year: 2021-22 Pradyumna Dalmia Beneficiary Trust.

2.

The assessee is in appeal before the Tribunal raising the following grounds of

The order continues below.

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