https://www.taxtmi.com/caselaws?id=775521 The ITAT Delhi held that the provisions of section 167B, prescribing the maximum marginal rate (MMR) and surcharge applicable to associations of persons or bodies of individuals (AOP), do not apply to a public charitable trust. Since the trust's income cannot be allocated among individual members and it is not formed for the benefit of a few individuals, the concept of determinate or indeterminate shares does not arise. The tribunal relied on CBDT Circular No. 320/1982 and precedent from ITAT Cochin, concluding that the trust should be taxed at normal rates applicable to AOPs without MMR or surcharge under section 167B. The appeal was allowed, and the application of MMR and surcharge under section 167B was held to be misconceived. en-us Wed, 23 Jul 2025 00:00:00 +0530 Thu, 24 Jul 2025 17:59:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=775521 The ITAT Delhi held that the provisions of section 167B, prescribing the maximum marginal rate (MMR) and surcharge applicable to associations of persons or bodies of individuals (AOP), do not apply to a public charitable trust. Since the trust's income cannot be allocated among individual members and it is not formed for the benefit of a few individuals, the concept of determinate or indeterminate shares does not arise. The tribunal relied on CBDT Circular No. 320/1982 and precedent from ITAT Cochin, concluding that the trust should be taxed at normal rates applicable to AOPs without MMR or surcharge under section 167B. The appeal was allowed, and the application of MMR and surcharge under section 167B was held to be misconceived. Case-Laws Income Tax Wed, 23 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=775521