DHRUTI VIPUL SHAH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

ITA 3170/MUM/2026Status: DisposedITAT Mumbai05 June 2026AY 2024-2512 pages
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What were the facts?

The assessee claimed a rebate under Section 87A on her total income, which included short-term capital gains. The CPC processed the return and denied the rebate on the portion of tax attributable to short-term capital gains. The assessee's rectification application and subsequent appeal were dismissed by the CIT(A).

What did the Tribunal hold?

The Tribunal held that for the assessment year in question, there was no express restriction denying rebate under Section 87A for tax on short-term capital gains. The Tribunal noted that subsequent amendments introduced such restrictions prospectively, supporting the view that they were not applicable earlier.

What were the issues?

Whether rebate under Section 87A is allowable on tax on short-term capital gains under Section 111A when the assessee opts for the new tax regime under Section 115BAC(1A) and the total income is within the prescribed threshold.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES, MUMBAI

Before: HON’BLEBEENA PILLAI & HON’BLE ARUN KHODPIA

Pronounced: 05/06/2026

PER BEENA PILLAI, JUDICIAL MEMBER:

Present appeal filed by the assessee arises out of order dated 20/01/2026 passed by NFAC (Delhi) for A.Y. 2024-25 on the following grounds of appeal:- The Appellant respectfully submits the following grounds of appeal, which are without prejudice to one another:

1.

On facts and in law, the Learned Commissioner of Income Tax (Appeals) [CIT(A)] has erred in upholding the action of the CPC in denying the rebate under section 87A of the Income-tax Act, 1961 917, de

The order continues below.

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