Marginal Relief on surcharge available to AOP/BOI

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k M Goyal (Querist)
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06 June 2020 Dear Sir,
Is Marginal Relief on surcharge available to AOP/BOI in AY 2021-22.
Regards.
K M Goyal
M NO. 9899799000

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Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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14 June 2020 The concept of marginal relief is designed to provide relaxation from levy of surcharge to a taxpayer where the total income exceeds marginally above Rs. 50 lakhs, Rs. 1 crore or Rs. 10 crores, as the case may be.

Thus, while computing surcharge, in case of taxpayers (i.e. Individuals/HUF/AOP/BOI/artificial juridical person) having total income of more than Rs. 50 lakhs marginal relief shall be available in such a manner that the net amount payable as income-tax and surcharge shall not exceed the total amount payable as income-tax on total income of Rs. 50 lakhs by more than the amount of income that exceeds Rs. 50 lakhs.

In case of a company, surcharge is levied @ 7% (2% in case of foreign company) on the amount of income-tax if the total income exceeds Rs. 1 crore but does not exceed Rs. 10 crore and @ 12% (5% in case of foreign company) on the amount of income-tax if total income exceeds Rs. 10 crores. Hence, in case of company whose total income exceeds Rs. 1 crore but does not exceeds Rs. 10 crores, marginal relief will be computed as discussed above, but in the case of company having total income above Rs. 10 crore marginal relief is available in such a manner that the net amount payable as income-tax and surcharge shall not exceed the total amount payable as income-tax and surcharge on total income of Rs. 10 crore by more than the amount of income that exceeds Rs. 10 crore.

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