Discretionary trust liable to pay tax at maximum marginal rate, ...

Trust taxed at highest individual income tax rate to curb tax avoidance.

Case Laws Income Tax

October 10, 2024

Discretionary trust liable to pay tax at maximum marginal rate, including highest slab rate of income tax and surcharge applicable to individuals. Section 2(29C) mandates computing maximum marginal rate by considering highest tax rate and surcharge rate for individuals. Surcharge cannot be based on trust's slab rate; it defeats the purpose of discouraging discretionary trusts. Central Processing Centre has power u/s 143(1) to compute correct tax and surcharge amount payable by assessee. Assessee's appeal dismissed, upholding CIT(A)'s order that maximum marginal rate is correctly computed using highest individual tax and surcharge rates.

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Discretionary trust liable to pay tax at maximum marginal rate, ...

Trust taxed at highest individual income tax rate to curb tax avoidance.

Case Laws Income Tax

October 10, 2024

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