ITO Vs. Minaxi
Case No: ITA No.1112/JPR/2026
Court: Income Tax Appellate Tribunal, Jaipur Bench
Date: 9/11/2026
Parties Involved
appellantITO
respondentMinaxi
Facts Summary
The assessee, Minaxi, filed her return of income for the assessment year 2025-26 on 12.09.2025, declaring a total income of Rs.6,18,700/-. This included capital gains of Rs.6,02,478/- consisting of long-term capital gain of Rs. 2,14,185/- and short-term capital gain of Rs.3,88,293/-. Minaxi claimed a rebate of Rs. 15,677/- under Section 87A of the Income Tax Act, 1961. The claim was denied by the Commissioner of Income Tax (Processing) while processing the return of income. The Commissioner of Income Tax (Appeals) allowed the claim, leading to the present appeal by the Revenue.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the Commissioner of Income Tax (Appeals) erred in allowing rebate u/s 87A on income chargeable to tax at special rates u/s 111A?
- 2. Whether the Commissioner of Income Tax (Appeals) erred in holding that rebate u/s 87A is allowable on Short Term Capital Gains u/s 111A?
- 3. Whether the Commissioner of Income Tax (Appeals) erred in not considering the binding clarification issued by the CBDT?
- 4. Whether permitting rebate under section 87A on income taxable at special rates would defeat the legislative intent?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
9 precedents cited in this judgement.