ITAT rules no surcharge on Trust income below Rs. 50 lacs under Finance Bill 2022

The ITAT Mumbai ruled in favor of the assessee regarding surcharge applicability. The CIT(A) had contended that surcharge was applicable based on the maximum marginal rate under section 2(29). However, the assessee argued that per Finance Bill 2022, surcharge applies only when total income exceeds Rs. 50 lacs for individuals, HUFs, AOPs, or BOIs. The ITAT held that since the assessed income was Rs. 6,73,590, which is below Rs. 50 lacs, no surcharge was leviable. The AO was directed to delete the surcharge levied on the assessee Trust.

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Issues:
1. Validity of adjustments made in the Intimation u/s 143(1)
2. Incorrect levy of surcharge despite total income being less than 50 lakhs
3. Levy of additional interest u/s. 234B and 234C
4. Mismatch in tax payable and net amount payable

Detailed Analysis:
Issue 1: The appeals were filed by the assessee Trust challenging the order of the Commissioner of Income Tax (Appeals) regarding adjustments made in the Intimation under section 143(1) of the Income Tax Act, 1961 for the Assessment Years 2023-24 & 2022-23. The lead case was ITA No. 2485/Mum/2024 for A.Y. 2022-23.

Issue 2: The main contention was the incorrect levy of surcharge amounting to Rs. 74,768 despite the total income being less than 50 lakhs. The Assessing Officer had levied the surcharge, which was upheld by the CIT(A) based on the maximum marginal rate. However, the assessee argued that surcharge is only applicable when the total income exceeds Rs. 50 lakhs. The ITAT held that surcharge could not be levied when the total income is less than Rs. 50 lakhs, as per the Finance Act, 2022. Therefore, the surcharge was directed to be deleted.

Issue 3: Ground no. 3 in one appeal and ground no. 4 in another appeal pertained to the levy of additional interest u/s. 234B and 234C. The ITAT directed the Assessing Officer to recompute the interest consequentially as per the relief granted in the surcharge issue.

Issue 4: In one of the appeals, a mismatch in tax payable and the net amount payable resulted in an increase in demand. The ITAT remanded this issue to the Assessing Officer for factual verification and determination of the actual demand accordingly.

In conclusion, all the appeals filed by the assessee were allowed, with the ITAT directing the deletion of surcharge, recomputation of interest, and further verification of the mismatch in tax payable. The judgment was pronounced on 22.10.2024.

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