INCOME TAX OFFICER, INCOME TAX OFFICE COURT CAMPUS BEAWAR vs. DEVENDRA SINGH, BEAWAR

ITA 1119/JPR/2026Status: DisposedITAT Jaipur11 September 2026AY 2025-269 pages
AI SummaryDismissed

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing rebate under Section 87A on short-term capital gains. The assessee claimed this rebate while opting for the new tax regime under Section 115BAC.

What did the Tribunal hold?

The Tribunal held that Section 87A does not have an express bar preventing rebate on short-term capital gains taxable under Section 111A. The prospective amendment in the Finance Bill 2025 further supports this interpretation for the relevant assessment year.

What were the issues?

Whether rebate under Section 87A is allowable on income including short-term capital gains taxable at special rates under Section 111A, especially when opting for the new tax regime under Section 115BAC.

Which sections of the Income-tax Act were involved?

Section 87A,Section 111A,Section 115BAC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, “SMC” BENCH, JAIPUR

For Respondent: CA (thru
Hearing: 10.09.2026Pronounced: 11.09.2026

Per Annapurna Gupta, AM:- The present appeal has been filed by the Revenue against the order passed by the Office of the Commissioner of Income Tax, Appeal Addl./JCIT(A) Ludhiana 02 (hereinafter referred to as “Ld. CIT(A)”), dated 26.02.2026 under Section 250of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

P a g e | 2 Devendra Singh

2.

The grounds raised read as under:-

1.

Whether on the facts & circumstances of the case and in law, the Ld. CIT(A) has erred in allowing rebate u/s 87A of the Income Tax Act 1961 on income including Short Term Capital Gains taxable under section 111A, ignoring that such income is chargeable at special rates and is outside the intended scope of rebate provisions ?

2.

Whether on the facts & circumstances o

The order continues below.

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