Held that the maximum marginal rate is to be computed by taking the maximum rate of income -tax and maximum rate of surcharge applicable in the case of an individual . This rate applies to a private discretionary trust as well . The levy of maximum marginal rate on trust is thus specific anti avoidance rule and therefore should be given a strict interpretation. (ITA No. 2197/ Mum/ 2024  dt . 7 -10 -2024 )  (AY. 2022 -23 ) .