The ITAT held that the surcharge at 37% is applicable only if...

The ITAT held that the surcharge at 37% is applicable only if the total income exceeds Rs. 50 lakh. Since the assessee's total income for both years under appeal was below this threshold, the surcharge was not leviable. Consequently, the assessee's computation of tax liability in the income tax returns was upheld. The impugned orders imposing surcharge were set aside, and the appeals were allowed.