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“maximum marginal rate”

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

The decision most relied on for maximum marginal rate is 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust (249 ITR 533), cited in 108 judgments on BharatTax.

Leading authorities on maximum marginal rate

1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust
249 ITR 533 · 2001 · High Court
108
citing judgments

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

DIT v. Bharat Diamond Bourse
259 ITR 280 · 2003 · Supreme Court
86
citing judgments

Violation of investment mandates under Section 13(1)(d) of the Income Tax Act, 1961, for a charitable trust results in the complete denial of exemption under Section 11 of the Act.

Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu (
172 ITR 698 · 1988 · High Court
61
citing judgments

Income received by a trust from sources like extra fees can be taxed at the maximum marginal rate, while other income remains eligible for exemption under Section 11 of the Income Tax Act.

CWT v. Trustees of H.E.H. Nizam’s
108 ITR 555 · 1977 · Supreme Court
46
citing judgments

Where the shares of beneficiaries in a trust are determinate, trustees must be assessed separately for each beneficiary's share, treating each beneficiary as an individual. The income is then taxed at the marginal rate applicable to individuals, not at the maximum rate for an association of persons.

CIT v. Working Women’s Forum
365 ITR 353 · 2014 · High Court
34
citing judgments

When an exemption is denied under Section 13(1)(c) or (d), the denial of exemption applies only to the portion of income that violates these provisions, not the entire income.

CIT v. V.S. Dempo & Co. Pvt. Ltd.
336 ITR 209 · 2011 · High Court
27
citing judgments

Disallowance under Section 40A(2)(b) is not maintainable when both the payer and payee are assessed at the maximum marginal rate, as it results in a revenue-neutral situation.

Kar.) 2. DIT(E) vs. Sheth Mafatlal Gagalbhai Foundation Trust (249 ITR 533) (Bom.) 3. CIT v. Red Rose School (
224 ITR 358 · High Court
22
citing judgments

Income received by a trust that is considered 'extra fees' is taxable at the maximum marginal rate, while other income of the trust is eligible for exemption under Section 11.

Araadhya Jain Trust v. ITO
173 Taxmann.com 343 · 2025 · ITAT
22
citing judgments

The definition of maximum marginal rate under section 2(29C) can be interpreted to determine the applicable surcharge rates, particularly for income including dividends, as per the First Schedule to the Finance Act. This affects how surcharge is calculated on taxable income.

Judgments citing maximum marginal rate

Nik Family Trust, Mumbai vs. Deputy Commissioner of Income Tax- Circle 23(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 403/MUM/2025[2021-22]Status: DisposedITAT Mumbai08 May 2025AY 2021-22

Bench: Hon’Ble Shri Sandeep Gosainnik Family Trust Vs. Dcit, Circle – 23(1) C-7, Ishwar Niwas Sick Piramal Chamber. Nagar, Vp Raod, Girgaon. Pan/Gir No. Aadtn2244C (Applicant) (Respondent) Assessee By Shri Dharan Gandhi A/W Shri Ashutosh Patare Revenue By Shri Avinash Karpe, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 08.05.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 24.12.2024 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2021-22. 2. The Only Effective Issue Raised In The Present Appeal Regarding Levying Of Surcharge. In This Regard It Is Submitted That Assessee Is A Discretionary Trust, Eligible To File Return In Itr-5, The Assessee Had Filed Its Return Of 2 Nik Family Trust, Mumbai

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

section 164 and 167B of the Act, tax in case of a Private Discretionary Trust is to be charged at the maximum marginal rate. He submitted, the maximum marginal rate is defined u/s. 2(29C) of the Act, to mean the rate of income tax applicable in relation to highest ... when assessee‟s income is returned at Rs.4,85,290/-, though, the applicable rate of income tax would be at 30%, being the maximum marginal rate, however, no surcharge would be leviable, as the quantum of income is less than Rs.50 lacs. In support of such contention, ld. Counsel relied

Kellogg Alumni Club, Delhi vs. Deputy Director of Income Tax CPC, Bengaluru

In the result, the Assessee’s appeal is dismissed

ITA 721/DEL/2025[2023-24]Status: DisposedITAT Delhi05 May 2025AY 2023-24

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2023-24 Kellogg Alumni Club, Vs. Dy. Director Of Income G-1, F/F, 10 Central Av., Tax Cpc, Maharani Bagh, Bangaluru New Delhi – 110 065 Karnataka (Pan: Aactk1018J) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Shyam Manohar Singh, Sr. Dr. Date Of Hearing 05.05.2025 Date Of Pronouncement 05.05.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Nfac, Delhi In Appeal No. Itba/Apls/250/2024-25/1071064606(1) Order Dated 10.12.2024. 2. Briefly Stated, Facts Are That Asssessee Filed Return Of Income On 30.07.2023, Declaring Total Income Of Rs. 6,71,350/-. Ao Accepted The Said Income & Determined The Tax At Rs. 2,01,405/-. As Per The Assessee, No Surcharge On The Same Was Chargeable Under The Act. However, The Cpc Charged Surcharge At 37% On The Tax Payable. Ao Has Given Consequential Effect On Health & Education Cess, Interest U/S. 234B & S. 234C Of The Act. In View Of The Intimation, The Assessee Is An Aop & Therefore, The Tax Is Chargeable At Maximum Marginal Rate Which Also Includes Surcharge At Maximum Marginal Rate. According To The Assessee, It Being

For Appellant: NoneFor Respondent: Shri Shyam Manohar Singh, Sr. DR
Section 2Section 234BSection 234C

234C of the Act. In view of the intimation, the assessee is an AOP and therefore, the tax is chargeable at maximum marginal rate which also includes surcharge at maximum marginal rate. According to the assessee, it being an AOP, the tax is chargeable at 30%, however, no surcharge ... appellant is registered as a Charitable Trust. As per the intimation status is shown as AOP. Tax rate applicable to AOP is at maximum marginal rate. The maximum marginal rate means tax rate at maximum rate which is 30% as well as surcharge is payable