ROSE TRUST,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, DELHI

ITA 725/DEL/2025Status: DisposedITAT Delhi31 October 2025AY 2023-247 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the surcharge rate must be determined as per the Finance Act, 2023, considering the type of assessee, quantum, and category of income. It directed the AO to levy surcharge at 15% on the disputed income.

What were the facts?

The assessee, a trust, filed its return declaring income including dividend income. The Assessing Officer levied a surcharge of 37% on a portion of the income, while the assessee claimed a 15% surcharge was applicable. The CIT(A) dismissed the appeal.

What were the issues?

The primary issue was the correct rate of surcharge applicable to the assessee's income, specifically on income excluding dividend income, and whether it should be 37% or 15%.

Which sections of the Income-tax Act were involved?

Section 11,Section 143(1),Section 154,Section 115AD,Section 115BAC,Section 164,Section 167B,Section 2(29C)

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Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI

Before: SHRI VIKAS AWASTHY & SHRI AVDHESH KUMAR MISHRA

For Appellant: Ms. Vasanti Patel, AR
Hearing: 10/10/2025Pronounced: 31/10/2025

PER AVDHESH KUMAR MISHRA, AM This appeal of the assessee for the Assessment Year (‘AY’) 2023-24 is directed against the order dated 31.12.2024 of the Additional/Joint Commissioner of Income Tax (Appeal), Mysore [‘Addl. CIT(A)’].

2.

Considering the entire grounds of appeal and facts of the case, it is evident that we are tasked to decide the sole issue in dispute that whether the surcharge @ 37% levied by the Assessing Officer (‘AO’) on income of Rs.34,07,065/- (excluding dividend income of Rs.6,09,34,668/- out of the returned income of Rs.6,43,41,730/-) as against the admitted surcharge @ 15% is justified and in accordanc

The order continues below.

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