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“maximum marginal rate”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(29C) / ITR-6 Schedule 115TD587 judgments

GULMOHAR PARK JOURNALISTS COLONY WELFARE ASSOCIATION,DELHI vs. INCOME TAX OFFICER WARD 29(1), DELHI

In the result, the appeal of the assessee is allowed

ITA 8787/DEL/2025[2024-25]Status: DisposedITAT Delhi20 Mar 2026AY 2024-25

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2024-25] M/S Gulmohar Park Journalists’ Income Tax Officer, Colony Welfare Association, C/O- Ward-29(1), Ca Vaibhav Goel, 75, Navyug Vs Civic Centre, Market, First Floor, Ghaziabad, New Delhi-110001 Uttar Pradesh-201001 Pan-Aaaag4207C Appellant Respondent Appellant/Assessee By Shri Atishaya & Shri Vaibhav, Ca Respondent/Revenue By Shri Ravi Kant Chaudhary, Sr. Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 20.03.2026 Order Per Amitabh Shukla, Am

Section 115BSection 143(1)Section 143(3)Section 160Section 167BSection 167B(1)

Addl/JCIT(A) -4 Hyderabad erred in upholding the intimation made by Ld DDIT, CPC, Bengaluru determining tax of Rs 62729/- (including interest) at maximum marginal rate without appreciating that the provisions of section 167B of the Income Tax Act 1961 are not applicable. 2.1. That on the facts

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), MUMBAI, MUMBAI vs. BLEND FINANCIAL SERVICES LIMITED, MUMBAI

In the result, appeal of the R

ITA 8088/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Mar 2026AY 2018-19

Bench: Shri Om Prakash Kant (Account Member) & Ms. Kavitha Rajagopal () Assessment Year: 2018-19

For Appellant: Shri Rajesh SanghviFor Respondent: Shri Swapnil Choudhari (SR. DR)
Section 143(3)Section 37Section 40A(2)(b)

were subject to taxation at the were subject to taxation at the 11 Blend Financial Services Limited Blend Financial Services Limited ITA No. maximum marginal rate. Thus, the payments did not result in maximum marginal rate. Thus, the payments did not result in maximum marginal rate. Thus, the payments

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

ITA 4779/DEL/2025[2024-25]Status: DisposedITAT Delhi11 Mar 2026AY 2024-25
For Respondent: \nShri Gaurav Jain, Adv
Section 12ASection 132Section 143(3)Section 2(15)

inserted in section 161 of the\nIncome-tax Act, which provides for taxation of the entire income received by trusts at\nthe maximum marginal rate is applicable only in the case of private trusts having\nprofits and gains of business. So far as the public charitable and religious trusts ... other\nwords, where such a trust contravenes the provisions of section 13(1)(c) or (d) of\nthe Act, the maximum marginal rate of income-tax will apply only to that part of\nthe income which has forfeited exemption under the said provisions.\n(Emphasis supplied

RAI SAHAB BHAIYALAL DUBEY EDUCATIONAL AND MEDICAL CHARITABLE TRUST,JABALPUR vs. INCOME TAX OFFICER (EXEMPTION), JABALPUR

In the result, the appeal is partly allowed for statistical purposes

ITA 186/JAB/2024[2020-21]Status: DisposedITAT Jabalpur10 Mar 2026AY 2020-21

Bench: Shri Anadee Nath Misshra

Section 11Section 11(2)Section 11ASection 12ASection 143(1)

well as capital account). Since exemption u/s 11 was denied, AO, CPC taxed the entire receipts of Rs.1,27,76,341/- at maximum marginal rate. On the other hand, the appellant claimed that even if exemption u/s 11 is denied, only the income over expenditure should be taxed

CHANDA BHARECH BENEFICIARY TRUST,KOLKATA vs. ITO, WARD 33(2),, KOLKATA

In the result, the appeals of the assessee are allowed

ITA 3062/KOL/2025[2022-2023]Status: DisposedITAT Kolkata05 Mar 2026AY 2022-2023

Bench: The Bench That The Issue Is Squarely Covered By The Special Bench Of The Mumbai In The Case Of Araadhya Jain Trust Vs. Ito, Ita No. 4272/Mum/2024, A.Y. 2023-24, Order Dated 09.04.2025, Wherein A Similar Issue Has Been Decided In Favour Of The Assessee. The Ld. Ar Therefore, Prayed That The Issue May Be Kindly To Be Decided In The Light Of Said Decision By Following The Same As The Facts Are Similar.

Section 143(1)Section 164Section 167BSection 2Section 250

raised. 6. Thereafter, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) dismissed the appeal by upholding that the maximum marginal rate for A.Y. 2020-21 was 42.74% and Assessing Officer has the power to to levy surcharge @ 37% while processing the return of income ... eligible to be taxed at the rate of 30% + cess or at the rate of 30% + surcharge+cess. We also note that the maximum marginal rate has been defined u/s 2(29C) of the Act, which means the rate of income including the surcharge at income tax, if any, applicable

CHANDA BHARECH BENEFICIARY TRUST,KOLKATA vs. ITO, WARD 33(2),, KOLKATA

In the result, the appeals of the assessee are allowed

ITA 3061/KOL/2025[2021-2022]Status: DisposedITAT Kolkata05 Mar 2026AY 2021-2022

Bench: The Bench That The Issue Is Squarely Covered By The Special Bench Of The Mumbai In The Case Of Araadhya Jain Trust Vs. Ito, Ita No. 4272/Mum/2024, A.Y. 2023-24, Order Dated 09.04.2025, Wherein A Similar Issue Has Been Decided In Favour Of The Assessee. The Ld. Ar Therefore, Prayed That The Issue May Be Kindly To Be Decided In The Light Of Said Decision By Following The Same As The Facts Are Similar.

Section 143(1)Section 164Section 167BSection 2Section 250

raised. 6. Thereafter, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) dismissed the appeal by upholding that the maximum marginal rate for A.Y. 2020-21 was 42.74% and Assessing Officer has the power to to levy surcharge @ 37% while processing the return of income ... eligible to be taxed at the rate of 30% + cess or at the rate of 30% + surcharge+cess. We also note that the maximum marginal rate has been defined u/s 2(29C) of the Act, which means the rate of income including the surcharge at income tax, if any, applicable

CHANDA BHARECH BENEFICIARY TRUST,KOLKATA vs. ITO, WARD 33(2),, KOLKATA

In the result, the appeals of the assessee are allowed

ITA 3060/KOL/2025[2020-2021]Status: DisposedITAT Kolkata05 Mar 2026AY 2020-2021
Section 143(1)Section 167BSection 2Section 250

raised.\n6. Thereafter, the assessee filed appeal before the Ld. CIT(A). The Ld.\nCIT(A) dismissed the appeal by upholding that the maximum marginal rate\nfor A.Y. 2020-21 was 42.74% and Assessing Officer has the power to to\nlevy surcharge @ 37% while processing the return of income ... eligible to\nbe taxed at the rate of 30% + cess or at the rate of 30% + surcharge+cess.\nWe also note that the maximum marginal rate has been defined u/s 2(29C)\nof the Act, which means the rate of income including the surcharge at\nincome tax, if any, applicable

VIDYUT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY,HYDERABAD vs. DCIT, CIRCLE-6(1), HYDERABAD, HYDERABAD

In the result, appeal of the Assessee is partly allowed

ITA 1878/HYD/2025[2018-19]Status: DisposedITAT Hyderabad27 Feb 2026AY 2018-19

Bench: Shri Vijay Pal Raoआ.अपी.सं /Ita No.1878/Hyd./2025 Assessment Year 2018-2019 Vidyut Employees Co- The Dcit, Operative Housing Vs. Circle-6(1), Society, Hyderabad. Hyderabad – 500 004. Pin – 500 034. Telangana. Telangana. Pan Aaaav5182H (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri Y V Bhanu Narayan Rao, Ca राज" व "ारा /Revenue By: Sri Suresh Babu Kn, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 26.02.2026 घोषणा की तारीख/Pronouncement: 27.02.2026 आदेश/Order

For Appellant: Sri Y V Bhanu Narayan Rao, CAFor Respondent: Sri Suresh Babu KN, Sr. AR
Section 144BSection 147Section 148Section 148ASection 151ASection 250

circumstances of the case, the learned A.O erred by determining the tax payable at Rs.11,06,642/- by erroneously charging tax at the maximum marginal rate (tax of Rs.8,67,740/- and interest of Rs.5,79,491/- and after reducing TDS of Rs.3,40,589/-. The learned A.O further erred

DR NARAYAN PRASAD DAS MEMORIAL CHARITABLE PUBLIC TRUST,CUTTACK vs. ITO EXEMPTION,CUTTACK, CUTTACK

In the result, appeal of the assessee is allowed

ITA 74/CTK/2026[2023-24]Status: DisposedITAT Cuttack26 Feb 2026AY 2023-24

Bench: Shri George Mathan & Shri Madhusudan Sawdiadr Narayan Prasad Das Memorial Income Tax Officer Charitable Public Trust, At-Tigiria, Po: (Exemption), Cuttack Vs. Tigiria, Dist: Cuttack Pan No.Aaetd 1589 R Appellant/ Assessee Respondent/ Revenue

Section 12ASection 167B(1)

disallowance is not permissible. It was the further submission that in para 5.5 of the assessment order, the Assessing Officer has applied the maximum marginal rate of tax u/s 167B(1) of the Act. It was the submission that the assessee is a trust having registration u/s 12AB ... Government of Odisha. It was the submission that the provisions of section 167B(1) would not apply and levy of maximum marginal rate of tax does not apply in the case of the assessee. 4. In reply, Id Sr DR vehemently supported the orders of the Assessing Officer

REEMA AGARWAL,HYDERABAD vs. ACIT, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, appeal of the Assessee is allowed

ITA 353/HYD/2021[2014-15]Status: DisposedITAT Hyderabad26 Feb 2026AY 2014-15
For Appellant: CA P Murali Mohan RaoFor Respondent: \nDr. Narendra Kumar Naik, CIT-DR
Section 111ASection 139(1)

person to take a\ndecision and question the prudence of the assessee. It is also\npertinent to note that to avoid tax at maximum marginal rate\n@30%, why one should book a bogus loss of Rs.6.41 crore.\nWe further note that all the transactions were carried out in\nthe

MARUTI TRUST,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeals of the assessee are allowed

ITA 2312/KOL/2025[2024-2025]Status: DisposedITAT Kolkata26 Feb 2026AY 2024-2025

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Ms. Mita Rizvi, ARFor Respondent: Shri Santanu Ghosh, DR
Section 139(1)Section 143(1)Section 164Section 167BSection 2

issue involved in various appeals is against the order of ld. CIT (A) dismissing the appeal of the assessee by holding that the maximum marginal rate of tax was correctly computed by CPC taking the rate of income tax + surcharge applicable to highest slab of income in the case ... eligible to be taxed at the rate of 30% + cess or at the rate of 30% + surcharge+cess. We also note that the maximum marginal rate has been defined u/s 2(29C) of the Act, which means the rate of income including the surcharge at income tax, if any, applicable

MARUTI TRUST,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeals of the assessee are allowed

ITA 2311/KOL/2025[2023-2024]Status: DisposedITAT Kolkata26 Feb 2026AY 2023-2024
Section 139(1)Section 164Section 167BSection 2

issue involved in various appeals is against the\norder of Id. CIT (A) dismissing the appeal of the assessee by holding\nthat the maximum marginal rate of tax was correctly computed by\nCPC taking the rate of income tax + surcharge applicable to highest\nslab of income in the case ... these entities / body are\nPage 3\nITA Nos. 2310 to 2312/KOL/2025\nMaruti Trust; A.Ys. 2022-23 & 2023-24\nbrought to tax at maximum marginal rate. We note that it has been\nprovided u/s 2(29C) of the Act that income has to be assessed in\ncase of individual

MARUTI TRUST,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeals of the assessee are allowed

ITA 2310/KOL/2025[2022-2023]Status: DisposedITAT Kolkata26 Feb 2026AY 2022-2023
Section 139(1)Section 164Section 167BSection 2

issue involved in various appeals is against the\norder of Id. CIT (A) dismissing the appeal of the assessee by holding\nthat the maximum marginal rate of tax was correctly computed by\nCPC taking the rate of income tax + surcharge applicable to highest\nslab of income in the case ... covered either u/s 164 or u/s 167B\nof the Act which provide that income of these entities / body are\nbrought to tax at maximum marginal rate. We note that it has been\nprovided u/s 2(29C) of the Act that income has to be assessed in\ncase of individual

PRADEEP KUMAR SAHOO,KUNDI MOHANTYPADA vs. INCOME TAX OFFICER, WARD BHADRAK

In the result, appeal of the assessee is allowed

ITA 47/CTK/2026[2017-18]Status: DisposedITAT Cuttack25 Feb 2026AY 2017-18

Bench: Shri George Mathan & Shri Madhusudan Sawdiadr Narayan Prasad Das Memorial Income Tax Officer Charitable Public Trust, At-Tigiria, Po: (Exemption), Cuttack Vs. Tigiria, Dist: Cuttack Pan No.Aaetd 1589 R Appellant/ Assessee Respondent/ Revenue

Section 12ASection 167B(1)

disallowance is not permissible. It was the further submission that in para 5.5 of the assessment order, the Assessing Officer has applied the maximum marginal rate of tax u/s 167B(1) of the Act. It was the submission that the assessee is a trust having registration u/s 12AB ... Government of Odisha. It was the submission that the provisions of section 167B(1) would not apply and levy of maximum marginal rate of tax does not apply in the case of the assessee. 4. In reply, Id Sr DR vehemently supported the orders of the Assessing Officer

INCOME TAX OFFICER (EXEMPTION), WARD-SURAT, SURAT vs. ABHYUTHTHAN GRAM VIKAS MANDAL, SURAT

In the result, the appeal of the assessee and the Revenue, both are dismissed

ITA 902/SRT/2025[2018-19]Status: DisposedITAT Surat19 Feb 2026AY 2018-19

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

Section 11Section 11(1)Section 13(1)(c)Section 194CSection 2(15)Section 250

trustee is strictly prohibited and shall lead to the loss of tax exemptions u/s 11 and 12, with income taxed at the Maximum Marginal Rate. Section 13(3) prohibits directing income / property to specified persons, including trustees, founders, or managers. Funds used for the benefit of a trustee ... taxed at the maximum marginal rate. ITO Vs. Abhyuththan Gram Vikaas Mandal Asst. Year : 2018-19 - 8– 10.4 In light of the foregoing facts and circumstances, we find no justification to interfere with the order passed by the Ld. CIT(A). Accordingly, the same is hereby upheld

ABHYUTHTHAN GRAM VIKAS MANDAL,SURAT vs. CIT EXEMPTION, AHMEDABAD

In the result, the appeal of the assessee and the Revenue, both are dismissed

ITA 838/SRT/2025[2018-19]Status: DisposedITAT Surat19 Feb 2026AY 2018-19

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

Section 11Section 11(1)Section 13(1)(c)Section 194CSection 2(15)Section 250

trustee is strictly prohibited and shall lead to the loss of tax exemptions u/s 11 and 12, with income taxed at the Maximum Marginal Rate. Section 13(3) prohibits directing income / property to specified persons, including trustees, founders, or managers. Funds used for the benefit of a trustee ... taxed at the maximum marginal rate. ITO Vs. Abhyuththan Gram Vikaas Mandal Asst. Year : 2018-19 - 8– 10.4 In light of the foregoing facts and circumstances, we find no justification to interfere with the order passed by the Ld. CIT(A). Accordingly, the same is hereby upheld

VISAKHA MATSYAKARULA KALANJIA SAMAKYA,VISAKHAPATNAM vs. INCOME TAX OFFICER, EXEMPTION WARD, VISAKHAPATNAM

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 744/VIZ/2025[2021-22]Status: DisposedITAT Visakhapatnam13 Feb 2026AY 2021-22

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI OMKARESHWAR CHIDARA, HON’BLE (Accountant Member)

Section 11Section 12ASection 139(5)Section 143(1)Section 154

taxed as per law. 5. The Ld.DR has argued that since there is no registration, entire income is to be taxed at maximum marginal rate and no further deduction should be given. 6. After hearing both sides, it is decided that the gross receipts should never be taxed

THE NARSAPUR BRAHMANA SAMAKHYA,NARSAPUR vs. INCOME TAX OFFICER, WARD-1, PALKOL

In the result, the appeal of the appellant society is dismissed in- limine

ITA 738/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam13 Feb 2026AY 2015-16

Bench: The Ld.Cit(A). The Reasons Given For Delayed Filing Of Appeal Before The Ld.Cit(A) Are As Follows :

Section 143(1)Section 253(5)

Ld.AR of appellant has further stated that the net amount is below the taxable limit and the society cannot not be taxed at maximum marginal rate, as far as the merits are concerned. 5. The Ld.DR relied on the decision of MBR Educational Society Vs. ITO, in ITA No.665/Hyd/2025, A.Y.2018-19

JASIBAI DAYARAM AMLANI,AMRAVATI vs. DCIT AMRAVATI CIRCLE, AMRAVATI

In the result, appeal of the Assessee is partly allowed

ITA 749/NAG/2025[2014-15]Status: DisposedITAT Nagpur12 Feb 2026AY 2014-15

Bench: Dr. Manish Borad

For Appellant: Shri Rajesh Loya, CAFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 143(2)Section 143(3)Section 144(3)Section 234ASection 250Section 40A(2)(b)

also submitted that total income of the tenant Mr. Naresh Amlani is ₹11,94,390/- and is paying the tax at the Maximum Marginal Rate (MMR) and therefore there is no loss to Revenue. 8. As regards disallowance of salary expenses, he submitted that assessee carries on the business having

DATAR KULMANDAL,PUNE vs. INCOME TAX OFFICER (EXEMPTION), WARD -1, PUNE

In the result, appeal of the assessee is allowed for statistical purpose

ITA 3239/PUN/2025[2022-23]Status: DisposedITAT Pune12 Feb 2026AY 2022-23

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Section 11Section 12ASection 12A(1)Section 143(3)Section 250Section 270A

erred in confirming the same. 4. The AO has erred in treating gross receipts of assessee as taxable income and taxing it at maximum marginal rate. 5. The learned AO erred in solely relying on the order passed by the CIT Exemption refusing to renew registration u/s 12AB

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