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Understanding Marginal Relief and Surcharge in Income Tax: Calculation and Examples, Exams of Law

The concept of marginal relief and surcharge in the context of income tax for individuals, HUF, AOP, BOI, and artificial juridical persons in India. It provides examples to illustrate how the surcharge is calculated and the relief amount is determined when the total income exceeds specific thresholds. The document also discusses the impact of health and education cess on the total tax liability.

What you will learn

  • How does the health and education cess affect the total tax liability?
  • How is the surcharge calculated for individuals with income exceeding Rs. 50 lakh?
  • What is the amount of marginal relief for an individual with a total income of Rs. 51 lakh?
  • What is the concept of marginal relief in income tax?

Typology: Exams

2022/2023

Uploaded on 10/10/2022

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Concept of Marginal
Relief & Surcharge
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Concept of Marginal

Relief & Surcharge

  • (^) Surcharge is an additional tax levied on the amount of income-tax. In case of individuals/HUF/AOP/BOI/artificial juridical person, surcharge is levied @ 10% on the amount of income-tax where the total income of the taxpayer exceeds Rs. 50 lakh but doesn’t exceeds Rs. 1 crore.

Concept of marginal relief

  • (^) 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 lakh, Rs. 1 crore, Rs. 2 crore, Rs. 5 crore or Rs. 10 crore

• Income>50,00,000 = 10% surcharge

  • • Tax on 50 lacs = 13,12,
  • • Tax on 51 lacs =13,42,
  • • 10% on 13,42,500 + 13,42,500= 14,76,
  • • (T+S) on 51 lacs – T(50 las)= 14,76,750 – 13,12,500 =1,64,
  • • Income increased by 1 lacs , liability= 1,64,

Net Taxable Income 50,00,000 50,00, Relief u/s 87A Income Tax 13,12,500 13,12, Surcharge(without marginal relief) 1 1,31, Income Tax + Surcharge 13,12,500 14,43, Health and Education Cess @ 4% 52500 57, Total Tax Liability 13,65,000 15,01,

Surcharge with Marginal Relief

Liability on taxpayer earning total

income of 51 lacs

  • (^) Tax on 50 lacs = 13,12,
  • (^) [(Tax + Surcharge) on 51 lacs – Tax on 50 lacs] – Marginal relief = 1lacs
  • (^) [14,76,750 – 13,12,500] – MR =1 lacs
  • (^) MR = 1,64,250 – 1 lacs= 64,
  • (^) 14,76,750 – MR[64,250] = 14,12,500 -> after adjusting the marginal relief
  • (^) 4% Health and Education Cess [14,12,500] = 56,
  • (^) Total outgo[liability] = 14,12,500+56,500 = 14,69,

Example

  • (^) Income is Rs. 51 lakh
  • (^) Tax as per A.Y. 2020-21 = 13,42,
  • (^) Surcharge @ 10% on tax =1,34,
  • (^) (A)Total tax Payable before Cess= 13,42,500+1,34,250=14,76,
  • (^) Income =50 lakh
  • (^) (B)Tax on 50 lakh= 13,12,
  • (^) A-B= 1,64,250 which exceeds Rs. 1 lakh [51-50],:. Marginal Relief
  • (^) So, Marginal Relief will =Surcharge (Previous Case) –Surcharge(New Case)
  • (^) Marginal Relief = 1,34,250-70,000 = 64,

Discussion during the Lecture

  • (^) Tax on Rs. 51 Lacs = 13,42,
  • (^) Surcharge @10 % = 1,34,
  • (^) Tax + Surcharge = 13,42,500+1,34,250 = 14,76,
  • (^) [(Tax+Surcharge) on 51 lac] > (Tax on 50 lacs) by income exceeding Rs Border case
  • (^) [(14,76,750 – 13,12,500)=1,64,250 > 1 lacs
  • (^) (T1 + SM)- T2(Tax on 50 lacs) = 1 lacs
  • (^) 13,42,500 + SM – 13,12,500 = 1 lacs
  • (^) 30,000 +SM = 1lacs
  • (^) SM= 1lacs -30,000 = 70,
  • (^) Marginal Relief = 1,34,250 – 70,000= 64,

Discussion during the Lecture on

th

August

  • (^) The individual will get a marginal relief of the difference amount between the excess tax payable on higher income i.e (Rs.14,76, 750 minus Rs.13,12,500 = Rs.1,64,250 ) and the amount of income that exceeds Rs. 50 Lakhs i.e. (Rs.51,00,000 minus Rs.50,00,000 = Rs.1,00,000).
  • (^) The marginal relief will be Rs.64,250 (Rs.1,64,250 minus Rs.1,00,000).