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Microlesson · 5-min read

Marginal Relief for Individual / HUF / AOP / BOI / AJP

# Marginal Relief for Individual / HUF / AOP / BOI / AJP

Marginal relief prevents a situation where a small increase in income above a surcharge threshold causes the tax + surcharge to rise by more than the increase in income. The relief caps the extra burden at the amount of income exceeding the threshold.

## General 3-Step Method (applied at each threshold)

1. Compute tax on total income + surcharge at the applicable rate.

2. Compute tax (with surcharge) on the threshold amount + (Total Income − Threshold).

3. If Step 1 > Step 2, Relief = Step 1 − Step 2. (If negative, ignore.)

## Threshold-wise Application

Total income rangeStep 1 surchargeStep 2 base (threshold + lower surcharge)
> ₹50 lakh ≤ ₹1 crTI + 10%Tax on ₹50 lakh + (TI − ₹50 lakh)
> ₹1 cr ≤ ₹2 crTI + 15%(Tax on ₹1 cr + 10%) + (TI − ₹1 cr)
> ₹2 cr ≤ ₹5 crTI + 25%(Tax on ₹2 cr + 15%) + (TI − ₹2 cr)
> ₹5 crTI + 37%(Tax on ₹5 cr + 25%) + (TI − ₹5 cr)

Note: The > ₹5 crore (37%) category does NOT apply under DTR, since maximum surcharge u/s 115BAC cannot exceed 25%.

## Important: Interaction with the 15% Cap

If total income includes dividend or capital gains, the surcharge on that component cannot exceed 15%. This must be respected when computing marginal relief in cases where total income exceeds ₹2 crore.

Worked example

### Example 1

Marginal relief at ₹50 lakh threshold: Total income = ₹51,00,000 (no special income, OTR). Step 1: tax on ₹51,00,000 + 10% surcharge. Step 2: tax on ₹50,00,000 (no surcharge) + ₹1,00,000 (excess). If Step 1 > Step 2, marginal relief = difference, ensuring the additional tax burden does not exceed the ₹1,00,000 of additional income.

⚠️ Common exam mistakes

  • Forgetting that the > ₹5 crore (37%) marginal-relief computation is irrelevant under DTR (max surcharge 25%).
  • Ignoring the 15% surcharge cap on dividend/CG components while computing marginal relief above ₹2 crore.
  • Treating a negative difference (Step 1 < Step 2) as relief — relief is only given when Step 1 exceeds Step 2.
  • Using the wrong 'base' surcharge in Step 2 (e.g., using 15% instead of 10% surcharge on ₹1 crore for the ₹1cr–₹2cr band).
Reference:
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