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Marginal Relief

MNarayanan (Book- Keeper) (169 Points)

12 March 2010

What is marginal relief ?How it is computed.Is it applicable for Asst yr 2010-2011.

Prudent experts on this subject may throw light on this.

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CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 12 March 2010

It is relief given as per Income tax and wealth tax act. Let us take case of income tax. It is given to the persons whose taxable income exceeds certain limit marginally but tax on the income brings his after tax balance below the lower level slab. In that case he his given relief so that his after tax balance does not go below the lower tax slab . Take an example : Person X has income of Rs.10 lakhs and person y has income of Rs. 10,10,000/-. X will pay tax of Rs.255000/- and after tax balance in his hands will be Rs.745000/-. Whereas Y will be taxed Rs.283500 which will leave an amount of Rs. 716500/- as after tax balance in normal course.. Which means he is virtually penalised for earning 10000/- more.In other words by earning 10000 more he is charged with additional 28500/-, which is not fair. This happens due to the surcharge which is applicable only if income exceeds Rs.1000000/-. So to give him( to Y) little relief, he is charged tax of Rs.265200/- which will leave after balance amount of Rs.744800/- in his hands. This thing happens till the income of Rs.1030000+.(little over). After that there remains no necessity of giving any relief. The relief explained above is called "Marginal Relief". I have included Education cess on tax in total tax above. The EC is not covered under scheme of marginal relief. It is covered for original tax plus surcharge only. Hence there is very little difference.

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CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 12 March 2010

No. Marginal relief is not applicable. It is applicable, only in case of surcharge is applicable on income exceeding certain monetary limit. If surchage is applicable to all or there is no surcharge, irrespective of the total income, then question of margin relief does not arise.

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