JAYSHREEBEN RAJESHBHAI THAKOR,VAPI GUJARAT vs. INCOME TAX OFFICER, WARD 1, PALGHAR, CHINTUPADA ROAD, PALGHAR

ITA 1302/MUM/2026Status: DisposedITAT Mumbai22 June 2026AY 2024-2511 pages
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What were the facts?

The assessee claimed a rebate under Section 87A on income including short-term capital gains taxable under Section 111A, while opting for the concessional tax regime under Section 115BAC. The CPC and CIT(A) denied this rebate, stating it was not available against income taxed at special rates.

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to the rebate under Section 87A even if the income includes short-term capital gains taxable under Section 111A. The statutory language for the relevant assessment year did not prohibit this rebate.

What were the issues?

Whether rebate under Section 87A is admissible against tax on short-term capital gains taxable under Section 111A, when the assessee opts for the Section 115BAC regime.

Which sections of the Income-tax Act were involved?

Section 87A,Section 111A,Section 115BAC,Section 143(1),Section 250,Section 154,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “J (SMC

Before: SHRI OM PRAKASH KANT & SHRI ANIKESH BANERJEE

For Appellant: Shri Mukesh Thakwani (SR DR)
Pronounced: 22/06/2026

PER OM PRAKASH KANT, AM

This appeal filed by the assessee is directed against the order dated 09.12.2025 passed under Section 250 read with Section 154 of the Income-tax Act, 1961 (“the Act”) by the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi [“Ld. CIT(A)”], for Assessment Year 2024–25. The dispute lies in a Jayshreeben Rajeshbhai Thakor Jayshreeben Rajeshbhai Thakor 2 narrow compass and concerns the eligibility of the assessee to claim narrow compass and concerns the eligibility of the assessee to claim narrow compass and concerns the eli

The order continues below.

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