ITO Vs. Devendra Singh
Parties Involved
Facts Summary
The case involves an appeal by the Revenue against the order passed by the Office of the Commissioner of Income Tax, Appeal (CIT(A)) dated 26.02.2026. The assessee, Devendra Singh, filed his income tax return under the new tax regime as per section 115BAC of the Income Tax Act, declaring a total income of Rs. 3,61,810/- and claimed a rebate of Rs. 8,331/- under section 87A of the Act. The Commissioner of Income Tax (CPC) disallowed the rebate on the ground that the income included short-term capital gains taxable under section 111A. The CIT(A) allowed the rebate, which the Revenue appealed against.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the Ld. CIT(A) erred in allowing rebate u/s 87A on income including Short Term Capital Gains taxable under section 111A?
- 2. Whether the Ld. CIT(A) erred in interpreting the provisions of section 87A in isolation without considering the scheme of taxation under Chapter XII of the Act?
- 3. Whether the Ld. CIT(A) erred in ignoring the clarification issued by CBDT vide circular No. 13/2025?
- 4. Whether the Ld. CIT(A) erred in relying upon the proposed amendment in the Finance Bill, 2025?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
12 precedents cited in this judgement.