VILAS JAGANNATH PATIL,JALGOAN vs. THE ITO WARD 1(3), JALGAON
What were the facts?
The assessee opted for the new tax regime under Section 115BAC(1A) and claimed a rebate under Section 87A. The CPC denied the rebate on short-term capital gains (STCG), leading to a demand. The CIT(A) upheld this denial.
What did the Tribunal hold?
The Tribunal held that the assessee is eligible for the rebate under Section 87A even if the income includes STCG taxable under Section 111A, as there was no express bar in the law for the assessment year in question. The denial was based on system logic rather than statutory mandate.
What were the issues?
Whether the rebate under Section 87A is admissible on short-term capital gains when opting for the new tax regime under Section 115BAC(1A) for AY 2024-25.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE
Before: SHRI PAVAN KUMAR GADALE
PER PAVAN KUMAR GADALE, JUDICIAL MEMBER The assessee has filed the appeal against the order of Addl/JCIT(A), Raipur passed u/sec 143(1) and u/se 250 of the Income Tax Act for the Assessment Year 2024-25. The assessee has raised the following grounds of appeal as under:- “1. CPC Bengaluru and appeal authority erred in granting rebate under section 87A at Rs. 14,778/- instead of Rs. 25,000/- Rebate Section 87A not granted after considering tax on short term capital gain (STCG). II. Interest demanded on tsx demanded due to wrong rebate under Section 87A “.
ITA.No.1750/PUN/2026 Vilas Jagannath Patil
The brief facts of the case are that, the assessee has filed the return of inc
The order continues below.
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- ITO, Jaipur vs Kailash Mamodia, JaipurITA 1158/JPR/2026[2025]Status: Disposed11 Sept 2026
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