SUMAN DEVI BAID,DELHI vs. INCOME TAX OFFICER, WARD 2(2), GUWAHATI

ITA 29/GTY/2026Status: DisposedITAT Guwahati28 April 2026AY 2024-254 pages
AI SummaryRemanded

What were the facts?

The assessee claimed a rebate under Section 87A on short-term capital gains on equity shares while opting for the Section 115BAC regime. The Assessing Officer (AO) denied this rebate, and the Commissioner (Appeals) upheld the denial.

What did the Tribunal hold?

The Tribunal noted that the dispute involved the applicability of Section 115BAC/87A and the non-consideration of the assessee's submissions. Therefore, the issue was remitted back to the AO for fresh adjudication.

What were the issues?

Whether the assessee is eligible for rebate under Section 87A on short-term capital gains when opting for Section 115BAC, and whether the assessee's submissions were properly considered.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI

Hearing: 27.04.2026Pronounced: 28.04.2026

PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

This is an appeal filed by the assessee against the order passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by the Ld. Commissioner of Income Tax, (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld. CIT(A)], dated

2 Suman Devi Baid 01.12.2025, DIN & Order No. ITBA/APL/S/250/2025- 26/1083172386(1) on the following grounds of appeal:

“1. On the facts and circumstances of the case as well as law on the subject, the Hon'ble CIT(A) has disallowed the claim of rebate of Rs. 22,860/- u/s 87A

The order continues below.

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