BHAGIRATHI ENTERPRISE,VILE PARLE WEST MUMBAI vs. INCOME TAX OFFICER WARD 34(1)(1), BANDRA EAST MUMBAI
In the result, the appeal filed by the assessee for the AY
ITA 3130/MUM/2025[2023-24]Status: DisposedITAT Mumbai27 Jun 2025AY 2023-24
Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopal
For Appellant: Shri Anant N. Pai, CAFor Respondent: Shri Leyaqat Ali Aafaqui
Section 143Section 143(1)Section 154Section 167BSection 2
Income Tax Act, 1961, as the AOP's member shares were indeterminate, necessitating taxation at the MMR. The MMR, as defined under Section 2(290), includes a 37%
surcharge as per the Finance Act, 2020, irrespective of the AOP's actual income. Judicial precedents from ITAT Bangalore and Mumbai affirm ... under the Income Tax
Act, 1961 is discussed in the ensuing paras.
9.1 Maximum marginal rate (MMR) is defined as per provisions of Section 2(290) of the Income Tax Act, 1961 as under:
"Maximum marginal rate" means the rate of income-tax (including surcharge on income