INCOME TAX OFFICER, INCOME TAX OFFICE COURT CAMPUS BEAWAR vs. ANANT KUMAR SHAH, BEAWAR

ITA 1122/JPR/2026Status: DisposedITAT Jaipur11 September 2026AY 2024-2512 pages
AI SummaryDismissed

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing rebate under Section 87A on income chargeable at special rates (short-term capital gains). The assessee had opted for the new tax regime under Section 115BAC(1A) and claimed the rebate. The CPC had initially denied this rebate via a rectification order.

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to rebate under Section 87A on taxes paid on short-term capital gains. There is no express bar in Section 87A or Section 111A denying this rebate, and the prospective amendment in the Finance Bill 2025 supports this interpretation for the relevant assessment year.

What were the issues?

Whether rebate under Section 87A is allowable on short-term capital gains taxable at special rates when the assessee opts for the new tax regime under Section 115BAC(1A).

Which sections of the Income-tax Act were involved?

Section 87A,Section 111A,Section 115BAC(1A),Section 143(1),Section 154,Section 250

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) Bhubaneswar(hereinafter referred to as “Ld. CIT(A)”), dated 09.02.2026 under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

P a g e | 2 Anant Kumar Shah

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 chargeable to tax at special rates u/s 111A, without appreciating the statutory scheme of Chapter XII read with section 115BAC(1A), which treats such income as a distinct class liable to tax a

The order continues below.

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