Savings in Surcharge on Income Tax & Education Cess

Tax queries 196 views 1 replies

Taxable income of Mr  X is more than Rs. 50 lakhs over and above the marginal relief as prescribed by the Act, say for AY 23-24. Since the income is exceeding the limit of Rs. 50 lakhs, it would be subject to surcharge and Secondary & Higher Education Cess thereon.I am giving below my calculations in a tabular format. I would request the experts, to enlighten me, whether I am right in my understanding:

Let us say that the taxable income of Mr X is Rs. 60 lakhs for AY 23-24. Tax calculations would be as follows, based on old regime. In case of new regime, the differential is Rs. 49920. One may check calculations for oneself.

 

Slabs

Tax Rate %

Tax Amount

Revised Tax Amount

Difference

Upto 500000

5

12500

12500

0

500000 to 1000000

20%

100000

100000

0

Above 10 lakhs *

30%

1500000

1200000

300000

 

Above 10 lakhs *

30%

0

300000

-300000

Basic Tax

 

1612500

1612500

0

Surcharge

10%

161250

30000

131250

Basic Tax with Surcharge

 

1773750

1642500

131250

Add: Education Cess

4%

70950

65700

5250

Total Tax Liability

 

1844700

1708200

136500

 

  • Above 10 lakhs figure is deliberately broken into 2 parts, to show the savings in surcharge and corresponding savings in SHEC. Basically, the rate of surcharge is also applied slab wise, in similar way to applicability of basic tax. Basic tax figure is not disturbed at all, hence there is no evasion of tax. If this is a right method of calculation, then it can be applied to any income and assesee, subject to surcharge and corresponding SHEC thereon
Replies (1)

The surcharge is NOT calculated slab-wise like income tax.

  • Once your total taxable income crosses ₹50 lakh, surcharge is levied on entire amount of income tax payable, not only on the amount of income above ₹50 lakh.

    E.g., If tax payable is ₹16,12,500, surcharge of 10% = ₹1,61,250, not ₹30,000 as you’re suggesting.

  • Your suggestion:

    "Above ₹10 lakhs is split into two parts to show 'savings' in surcharge" — this is incorrect and not accepted under Income Tax rules.

  • You cannot arbitrarily split income to apply lower surcharge. The Income Tax Act does not allow this method. The income threshold is decisive in choosing surcharge rate.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register