Section 111A of the Income Tax Act

Income-tax Act, 2025: s.196

Section 111A of the Income-tax Act, 1961 corresponds to section 196 (Tax on short-term capital gains in certain cases) of the Income-tax Act, 2025.

Read section 196 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 111A is CIT v. J.H. Gotla (156 ITR 323), cited in 176 of the 279 judgments on BharatTax that turn on this section.

Leading authorities on Section 111A

CIT v. J.H. Gotla
156 ITR 323 · 1985 · Supreme Court
176
citing judgments

The Supreme Court holds that for income tax purposes, the term 'income' includes 'loss,' allowing for the set-off of a spouse's or minor child's business losses when their income is clubbed with the assessee. This decision emphasizes interpreting tax statutes, especially benevolent provisions, by considering the legislative scheme over a strict literal construction.

Andhra Pradesh in CIT v. Smt. Nayana P. Dedhia
270 ITR 572 · 2004 · High Court
82
citing judgments

Guidelines issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act, which relax the rigour of law, are binding on all income tax officers responsible for implementing the Act, who must follow these orders and instructions.

CIT v. H. Holck Larsen
160 ITR 67 · 1986 · Supreme Court
58
citing judgments

The determination of whether a transaction involving the sale and purchase of shares (or other assets) constitutes a trading transaction (business income) or an investment (capital gains) is a mixed question of law and fact. Courts must consider cumulative factors, including the assessee's habitual dealing and the intention at the time of the initial acquisition, rather than applying abstract tests.

CIT v. Manmohan Das
59 ITR 699 · 1966 · Supreme Court
47
citing judgments

The eligibility for an assessee to carry forward and set off losses, including capital losses, against future income is determined by the Assessing Officer in the year the set-off is claimed, not in the year the loss was incurred.

Amal Kumar Ghosh v. Asstt. CIT
361 ITR 458 · 2014 · High Court
39
citing judgments

The selection of cases for scrutiny must be completed within the time prescribed by CBDT instructions. The department is bound by its own standards and cannot act with discrimination or selectively apply them.

292 ITR 416(SC) Galileo Nederland BV v. Assistant Director of Income-tax, Circle-i(2), (Intl. Tax), New Delhi
367 ITR 319 · 2014 · High Court
28
citing judgments

The principle of consistency requires that the Assessing Officer or First Appellate Authority must follow decisions made in earlier years, unless there are good and sufficient reasons to deviate. An assessee's status should not be altered arbitrarily without assigning reasons or distinguishing facts.

Premises Cooperative Society Ltd. v. Income Tax Officer
320 ITR 414 · 2010 · High Court
26
citing judgments

Interest income earned by a cooperative society on deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d). The decision in Mittal Court Premises Cooperative Society Ltd. v. Income Tax Officer (2010) 320 ITR 414, which considered the Supreme Court's ruling in Totagar Cooperative Sale Society Ltd., establishes this.

JCIT v. Montgomery Emerging Marketing Funds,\n
100 ITD 217 · 2006 · ITAT
23
citing judgments

Each transaction can be considered a separate source of income, allowing taxpayers to choose between the Income-tax Act and a Double Taxation Avoidance Agreement (DTAA) for each transaction. Section 70(2) of the Act does not prescribe an order for setting off specific short-term capital losses against specific short-term capital gains, favouring the taxpayer in interpretation.

Araadhya Jain Trust v. ITO
173 Taxmann.com 343 · 2025 · ITAT
22
citing judgments

The definition of maximum marginal rate under section 2(29C) can be interpreted to determine the applicable surcharge rates, particularly for income including dividends, as per the First Schedule to the Finance Act. This affects how surcharge is calculated on taxable income.

ITO v. Tayal Sales Corporation
1 SOT 579 · 2003 · ITAT
18
citing judgments

The maximum marginal rate (MMR) of income tax is applied, and surcharge is levied separately if applicable. Surcharge is not leviable if the quantum of income is below a certain threshold.

Judgments on Section 111A

K. Jayantilal Securities Private Limited, Mumbai vs. Joint Commissioner of Income Tax (OSD) Circle-4(3), Mumbai

In the result, this appeal by the assessee stands allowed for statistical purposes

ITA 4715/MUM/2017[2005-06]Status: DisposedITAT Mumbai05 Feb 2018AY 2005-06

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 4715/Mum/2017 ("नधा"रण वष" / Assessment Year: 2005-06) K Jayantilal Securities Pvt. Ltd. Jt. Cit (Osd), बनाम/ 2Nd Floor, Ps 4, Circle 4(3), Room No. 649, Rotunda Building Dalal Street, Aaykar Bhavan, Mumbai Vs. Mumbai – 400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaack 4621 Q (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Sanjay C. Shah ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha सुनवाई क" तार"ख / : 16.11.2017 Date Of Hearing घोषणा क" तार"ख / : 05.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 05.05.2017 & Pertains To The Assessment Year 2005- 06. 2. The Grounds Of Appeal Read As Under: Learned Ld. Commissioner Of Income Tax (Appeals) Erred In Confirming The Order Of Learned Assessing Officer In Levying Income Tax @ 30% On Short Term Capital Gains On Sale Of Shares Of Rs.3,47,979/- As Against 10% U/S. 111A Of The Act As Claimed By The Appellant.

For Appellant: Shri Sanjay C. ShahFor Respondent: Ms. N. Hemalatha
Section 111ASection 116Section 143Section 154Section 155Section 156Section 186Section 200ASection 206C