LISHA GAJENDRA MARLECHA ,MUMBAI vs. INCOME TAX DEPARTMENT CPC , BANGALURU

ITA 812/MUM/2026Status: DisposedITAT Mumbai18 June 2026AY 2024-2514 pages
AI SummaryAllowed

What were the facts?

The assessee, an individual, filed a return of income including short-term capital gains. The CPC denied rebate under Section 87A against tax on these gains, which was upheld by the CIT(A). The assessee contended they were eligible for the rebate under Section 115BAC(1A) as their total income was below the threshold.

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to rebate under Section 87A even if part of the income comprises short-term capital gains chargeable under Section 111A, as there was no express statutory prohibition for the relevant assessment year.

What were the issues?

Whether rebate under Section 87A is available against tax on short-term capital gains chargeable under Section 111A for an assessee opting for the Section 115BAC regime.

Which sections of the Income-tax Act were involved?

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

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 Mohd. Iqbal (Virtually Present)
For Respondent: Shri Mukesh Thakwani (SR DR)
Hearing: 18/06/2026

PER OM PRAKASH KANT, AM

This appeal by the assessee is directed against the order dated 27.11.2025 passed by the learned Additional/Joint Commissioner of Income-tax (Appeals), Raipur [“Ld. CIT(A)”] for Assessment Year 2024–25, whereby the action of the Central Processing Centre, Bengaluru (“CPC”) in denying rebate under Section 87A of the Lisha Gajendra Marlecha 2 Income-tax Act, 1961 (“the Act”) against tax payable on short tax Act, 1961 (“the Act”) against tax payable on short tax Act, 1961 (“the Act”) against tax payable on short-term capital gains chargeable under Section 111A of t

The order continues below.

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