Calculation of tax at the maximum marginal rate instead of slab rate


Quick Summary
This Income Tax Appellate Tribunal case concerns the Vidya Vihar Shiksha Samiti for the Assessment Year 2015-16. The tax was initially computed at the maximum marginal rate of 30% on the total income, rather than the applicable slab rate. The Tribunal found that the Commissioner (Appeals) had taken a contradictory stance and was not justified in doing so. Consequently, the order was set aside, and the Assessing Officer was directed to charge tax at the normal slab rates.

Court :
ITAT Delhi

Brief :
This appeal filed by the assessee is directed against the order dated 26th July, 2019 of the CIT(A)-40, New Delhi, relating to Assessment Year 2015-16.

Citation :
ITA No.7642/Del/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH : SMC : NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
ITA No.7642/Del/2019
Assessment Year: 2015-16

Vidya Vihar Shiksha Samiti,
1/11864, Panchsheel Garden,
Naveen Shahdara,
New Delhi.
PAN: AAATV1225A

vs

ACIT, CPC,
Bangalore.

Assessee by : Shri Rajiv Jain, CA
Revenue by : Shri R.K. Gupta, Sr. DR
Date of Hearing : 01.09.2021
Date of Pronouncement : 04.10.2021

ORDER

This appeal filed by the assessee is directed against the order dated 26th July, 2019 of the CIT(A)-40, New Delhi, relating to Assessment Year 2015-16.

2. Facts of the case, in brief, are that the assessee filed its return of income at Rs.2,96,610/-. The tax liability of Rs.4,801/- was adjusted against TDS of Rs.7,463/-. Tax was computed at the maximum marginal rate @ 30% on the total income of Rs.2,96,610/- instead of applying the slab rate. The assessee filed an appeal before the CIT(A), who dismissed the appeal filed by the assessee.

3. The Revenue could not rebut the fact that the Ld. CIT(A) has taken contradictory view. I therefore, considering the totality of facts of the present case hold that Ld.CIT(A) was not justified in taking contrary stand in this case of the assessee. Hence, the Assessing Officer is hereby directed to charge tax at normal rates.”

4. Similar view has again been taken in A.Y. 2017-18 in the same order. Since the facts of the instant case are identical to the facts in the cases in ITA Nos.7641 & 7643/Del/2019 cited (supra), therefore, respectfully following the decision of the coordinate Bench of the Tribunal in assessee’s own case, I set aside the order of the CIT(A) and direct the AO to charge tax at normal rate. The grounds raised by the assessee are accordingly allowed. In the result, the appeal filed by the assessee is allowed. The decision was pronounced in the open court on 04.10.2021.

Please find attached the enclosed file for the full judgement

FAQ :

The main issue was whether tax should be calculated at the maximum marginal rate or the slab rate for the Assessment Year 2015-16.

The tax was initially computed at the maximum marginal rate of 30% on the total income.

The Tribunal decided that the tax should be charged at the normal slab rates, not the maximum marginal rate.

No, the Tribunal found the Commissioner (Appeals) had taken a contradictory view and set aside their order.

The assessee's appeal was allowed, and the Assessing Officer was directed to recalculate the tax at the normal rates.

 
downloaded 269 times



Judgement posted by

Practice

I simplify complex income tax, TDS, banking, and investment updates into practical insights for taxpayers, salaried professionals, pensioners, and senior citizens. I regularly write on ITR filing, tax compliance, savings schemes, and the latest financial rule changes in India.

Comments




CCI Pro



Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details