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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

Sri Karpagavinayagar Education and Charitable Trust, Palani vs. Income Tax Officer, Madurai

In the result, the appeal filed by the assessee dismissed

ITA 263/CHNY/2024[2016-2017]Status: DisposedITAT Chennai31 Jul 2024AY 2016-2017

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.263/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Sri Karpaga Vinayagar Educational Vs. The Income Tax Officer & Charitable Trust, 1, Thalayuthu, Exemptions Ward, Palani 624 618. Madurai. [Pan: Aagts7098L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Thulasi Ram, Advocate & Shri B.K. Gopilal, Advocate ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.07.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. The Assessee Raised 10 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is Whether The Ld. Cit(A) Is Justified In Confirming The Order Of The Assessing Officer In Denying Exemption

For Appellant: Shri R. Thulasi Ram, Advocate &For Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 11Section 13(1)(c)Section 143(2)

01/11/2023 as to why these vehicle related expenses should not be clubbed along with the cost of the car and taxed at the maximum marginal rate. The appellant has filed no response to the query, and it is quite clear that it has no explanation to offer in this regard

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 697/PUN/2024[2020-21]Status: DisposedITAT Pune30 Jul 2024AY 2020-21

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

respect of: a. Its income being exempt u/s 10(23C)(iiiad) b. Only net commercial income is taxable in its hands c. Maximum Marginal Rate is not applicable in its case The appellant craves leave to add to, amend, alter, delete or modify all or any of the above ground ... being allowed as anonymous donation and the rest (Rs 2,02,75,300) is taxed at the maximum marginal rate.” 4. The assessee had filed elaborate submission before the ld.CIT(A) along with copy of Income and Expenditure Account, copy of Registration Certificate u/sec.12A of the Act, copy of Registration

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 696/PUN/2024[2018-19]Status: DisposedITAT Pune30 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

respect of: a. Its income being exempt u/s 10(23C)(iiiad) b. Only net commercial income is taxable in its hands c. Maximum Marginal Rate is not applicable in its case The appellant craves leave to add to, amend, alter, delete or modify all or any of the above ground ... being allowed as anonymous donation and the rest (Rs 2,02,75,300) is taxed at the maximum marginal rate.” 4. The assessee had filed elaborate submission before the ld.CIT(A) along with copy of Income and Expenditure Account, copy of Registration Certificate u/sec.12A of the Act, copy of Registration

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 695/PUN/2024[2018-19]Status: DisposedITAT Pune30 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

respect of: a. Its income being exempt u/s 10(23C)(iiiad) b. Only net commercial income is taxable in its hands c. Maximum Marginal Rate is not applicable in its case The appellant craves leave to add to, amend, alter, delete or modify all or any of the above ground ... being allowed as anonymous donation and the rest (Rs 2,02,75,300) is taxed at the maximum marginal rate.” 4. The assessee had filed elaborate submission before the ld.CIT(A) along with copy of Income and Expenditure Account, copy of Registration Certificate u/sec.12A of the Act, copy of Registration