Writing

Subject: Applicability of Maximum Surcharge @25% under Section 115BAC for Discretionary Trust (AOP)

I have a discretionary trust assessed in the status of an AOP. For FY 2024–25 (AY 2025–26), the return of income was filed opting for the new tax regime under Section 115BAC.

While computing tax liability, surcharge was restricted to 25% in accordance with the provisions of Section 115BAC, which provides for a maximum surcharge of 25%.

However, in the intimation received under Section 143(1), the Income Tax Department has recomputed the tax liability by applying surcharge at 37%.

In this regard, clarification is sought on the following:

Whether a discretionary trust (taxed as AOP) opting for Section 115BAC is eligible for the capped surcharge rate of 25%.
Whether the CPC is justified in applying surcharge at 37% despite the assessee opting for Section 115BAC.
Whether rectification under Section 154 would be the appropriate remedy in this case.

It is my understanding that under the amended provisions applicable for AY 2025–26, the maximum surcharge under Section 115BAC is restricted to 25% for all eligible assessees, including AOPS- Private discretionary trust.

Kindly provide your expert opinion on the correctness of the department’s adjustment.

Thanking you.

Promotion of hindu deity by an NRI. He got income and credited to NRO a/c in india. Tax deducted in united kingdom for that income. Also he collects donations from various persons through his NRO account and utilise the amount for the promotion of hindu temples and donate such amount in his name. He wanted to offer income u/s 44AD or 44ADA. Youtube colletion received in sizeable amount. I want to know whether donations taxable under which head ? Also the you tube taxability and tax collected at uk is eligible any credit in tax liability?

Dear Experts,

The assessee has taxable income from salary and other sources of 52 lacs after claiming standard deduction and NPS Benefit under new regime. He has long tram capital loss of Rs. 300000/-. Is he suppose to pay surcharge @ 10% on tax on 52 lacs income or his income would be considered below 52 lacs after deducting capital gain loss of 3 lac?

Please guide.

Dear Sir,
I want to file updated ITR-3 Sfor AY 21-22 but my total income well below 250000. I think I can still file with 1000 penalty by showing increased income of more than 250000 but less than 500000 by 31st March,2026. My meagre income was as follows:

Savings bank interest: 2700
Equity STCG: 3000
Speculative income: 70


Can some esteemed CA or learned person from this forum help me to advice which type of income can I show in ITR in IFOS schedule which isn't getting reflected in AIS but to file to keep clean track records of ITR filing in the eyes of ITD?
Thanks a lot

Dear Sir,

Mr. X is an NRI owner of a flat located in Mumbai. Ms. A is a tenant who will pay a monthly rent of Rs. 70000/- into the owner's NRO account. She will deduct TDS at 31.2% and will deposit it before the 7th of the next month, also will file the quarterly 27Q TDS return.

My query is:
1) Is Ms A required to generate Form 15CA and 15CB for each monthly rent payment, even though the rent will be paid into an NRO account?
2) What are other precautions to be taken in rental payment to NRI Owner?

Kindly guide.
Regards
Suraj

Respected sir/s,

one grand mother transferring Rs.50 lakhs to her daughter as gift from her sources, is it liable for income tax in the hands of recipient hands,

please inform me

Dear sir,
MR. A Is running proprietorship firm, audit is also being done u/s 44AB, Mr A have paid Rs. 150000 commission for selling his personal property.
Is tds u/s 194h attact? Provided commission paid on account of selling his personal property.

Thanks

Note that last Quarter we have deducted & deposited TCS@5% on SCRAP sale from only one party because party does not provided his PAN Number for the Month of Dec,2025

Now how to fill 27EQ return without PAN Number because for this above quarter as per our return only one deductee .

IS the irrevocable clause still necessary in the trust deed after the Judgment of Bombay HC in
The Chamber of Tax Consultants & Ors Vs Commissioner of Income Tax (Exemptions) & Ors -- WP (L) NO. 7587/ 2026 --- dated 09-03-2026 --- 2026:BHC-OS:6814-DB

If a person gives agricultural land on lease for solar power generation, is the lease rent exempt as agricultural income u/s 10(1)or taxable under the Income Tax Act?
Under which head of income will it be taxed and whether TDS u/s 194I is applicable?
Also,is there any other exemption or benefit available under the Income Tax Act for such income?