MILIND MANOHAR BARVE,MUMBAI vs. WARD 4(1), THANE, THANE

ITA 1822/MUM/2026Status: DisposedITAT Mumbai22 April 2026AY 2024-258 pages
AI SummaryAllowed

What were the facts?

The assessee, an individual, filed a revised return of income under the new tax regime (Section 115BAC(1A)). The assessee claimed a rebate under Section 87A on the tax payable on short-term capital gains (STCG) taxable under Section 111A. The CPC disallowed this rebate during processing under Section 143(1) without providing reasons.

What did the Tribunal hold?

The Tribunal held that there is no express bar in Sections 87A or 111A for allowing rebate on STCG. Denial of rebate based solely on system-driven processing by CPC is not sustainable. Statutory benefits cannot be curtailed by automated logic.

What were the issues?

Whether a rebate under Section 87A is allowable on tax payable on short-term capital gains taxable under Section 111A for an assessee opting for the new tax regime (Section 115BAC(1A)).

Which sections of the Income-tax Act were involved?

Section 115BAC(1A),Section 87A,Section 111A,Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H(SMC

For Appellant: Shri Madan Barve
For Respondent: Shri Pravin Salunkhe (Sr.DR)
Hearing: 16/04/2026Pronounced: 22/04/2026

Per: Anikesh Banerjee (JM): The instant appeal of the assessee filed against the order of the Ld. Commissioner of Income Tax(Appeal) ADDL/JCIT (A), Madurai [for brevity the “Ld. CIT(A)”], order passed under section 250 of the Income Tax Act 1961 (for brevity ‘the Act’) for Assessment Year 2024-25, date of order 12.12.2025. The impugned

2 Milind Manohar Barve order emanated from the order of the Deputy Director of Income Tax, CPC, Bengaluru (for brevity the ‘Ld. AO’) order passed under section 154 r.w.s. 143(1) of the Act date of order 14.11.2024. 2. The brief facts of the case are that the assessee filed the

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 115BAC(1A)

All 36 judgments and leading authorities on Section 115BAC(1A) →

Recent GST High Court judgments

Search GST case law →