AMAN DANI,BEAWAR vs. INCOME TAX OFFICER, BEAWAR
What were the facts?
The assessee claimed a rebate under Section 87A on tax paid on short-term capital gains while opting for the new tax regime under Section 115BAC. The CPC disallowed this rebate during the processing of the return and rejected a subsequent rectification application.
What did the Tribunal hold?
The Tribunal held that there is no express bar in Section 87A or Section 111A to deny rebate on tax payable on short-term capital gains. The denial by the CPC was based on system logic, not statutory mandate.
What were the issues?
Whether rebate under Section 87A is allowable on tax on short-term capital gains when the assessee opts for the new tax regime under Section 115BAC, and whether system-based denial overrides statutory rights.
Which sections of the Income-tax Act were involved?
Section 87A,Section 111A,Section 115BAC,Section 154,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES, “SMC” BENCH, JAIPUR
Per Annapurna Gupta, AM:- The present appeal has been filed by the assessee against the order passed by the Office of the Commissioner of Income Tax, Appeal Addl./JCIT(A) Hyderabad 03(hereinafter referred to as “Ld. CIT(A)”), dated 25.03.2026under Section 250of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).
P a g e | 2 Aman Dani
The grounds raised read as under:-
REJECTION OF THE REQUEST FOR RECTIFICATION OF APPARENT MISTAKE- That the ld. AO was not justified in law and on facts of the case in not rectifying the apparent mistake as the appellant requested to reprocess the return to allow rebate u/s.87A as only option available on the system
That the ld. Addl CIT(A) was not justified in law and on facts of
The order continues below.
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