Sri Santosh Salampuria Vs ITO Ward-3(1), Bankura

Parties Involved

Facts Summary

This is an appeal filed by the assessee, Sri Santosh Salampuria, against the order dated 31.07.2025, passed by the ld.Addl/CIT(A)-5, Mumbai, for the assessment year 2024-2025. The assessee claimed that the appeal was delayed by 8 days due to the festival of Durga Puja, during which the office of the tax consultant was closed. The assessee filed an affidavit to condone the delay, which was accepted. The return filed by the assessee was processed, and an intimation was issued under section 143(1) of the Act, wherein the assessee’s claim of rebate in respect of short-term capital gain under section 87A of the Act was denied. The assessee argued that such an adjustment could not be made in an intimation under section 143(1) and relied on precedents to support his claim.…

Legal Issues

• 1. Whether the delay in filing the appeal by the assessee should be condoned.
• 2. Whether the assessee is entitled to a rebate under section 87A of the Act for the assessment year 2024-2025, even though the income includes short-term capital gain taxable under section 111A.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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