Taxpayers Win - Favourable Case for Rebate u/s 87A on Short-Term Capital Gains



Quick Summary
A recent court case, Beena Manishbhai Fofaria V/s CIT(Appeals), has ruled favourably for taxpayers regarding the Section 87A rebate on short-term capital gains (STCG). The ruling clarifies that STCG is eligible for this rebate if the total income is below Rs.7,00,000, even after amendments from the Finance Act, 2023. This decision corrects the Centralised Processing Centre's previous practice of disallowing rebates on STCG, offering significant relief to many taxpayers, particularly those under the new tax regime (115BAC).

Arjuna (Fictional Character): Krishna, I recently heard about a case where a rebate under Section 87A was allowed on short-term capital gains.

Krishna (Fictional Character): Yes, Arjuna. It's a noteworthy Beena Manishbhai Fofaria V/s CIT(Appeals) case that clarifies the application of Section 87A, especially after the amendments brought by the Finance Act, 2023. This ruling is beneficial for many taxpayers.

Tax Rebate Win: Section 87A on Short-Term Capital Gains

Arjuna (Fictional Character): Krishna, what was the issue in the case?

Krishna (Fictional Character): The case revolved around a taxpayer who filed her return for the Financial Year 2023-24, declaring a total income of Rs.6,93,260. Her income included:

  • Short-term capital gains (STCG): Rs 65,066
  • Long-term capital gains (LTCG): Rs 1,38,049
 

She claimed a rebate of Rs.20,010 under Section 87A because her total income was under Rs.7,00,000. However, the Centralized Processing Centre (CPC) restricted the rebate to Rs.10,250, disallowing the rebate on STCG. This led to a reduced refund amount, prompting the taxpayer to file an appeal. This issue has arisen for most of the taxpayers who have filed their return under New Tax Regime under 115BAC. There was a lot of discussion and confusion among lot of taxpayers whether rebate would be available or not.

Arjuna (Fictional Character): Krishna, how did the taxpayer defend her claim against the Income Tax department?

Krishna (Fictional Character): The taxpayer made several strong arguments citing the Finance Act, 2023, which allows rebate on total income, excluding only LTCG taxed under Section 112A. Since STCG is part of total income, it qualifies for the rebate if the total income doesn't exceed Rs.7,00,000. Whereas Centralized Processing Centre (CPC) while processing the return had not allowed the rebate on Short Term Capital Gains, which was contrary to the law.

 

Arjuna (Fictional Character): Krishna, what was the final decision made by the authority?

Krishna (Fictional Character): The CIT (Appeals) ruled in favour of the taxpayer. Here's what the decision stated:

The Finance Act, 2023, permits a rebate on total income (excluding LTCG under Section 112A) if the total income is within Rs.7,00,000. The restriction by CPC was incorrect. The ruling confirms that short-term capital gains, unlike long-term capital gains under Section 112A, are eligible for rebate if the total income is under Rs.7,00,000.

Arjuna (Fictional Character): What should taxpayers learn from this?

Krishna (Fictional Character): Taxpayers should always double-check the rebate calculations in CPC notices against your filings and should familiarize themself with legislative changes to ensure they claim eligible benefits. Taxpayers should keep a close watch on what the department does in future regarding this issue of rebate. With proper understanding and action, taxpayers can ensure they receive every benefit they're entitled to.


Daily Limit Reached

You have reached your daily limit of 2 Free Articles

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Community
  • Daily E-Newsletter
  • Unlimited Articles Access
  • Profile Visitors
  • Link Social Profiles
  • Featured Job Posts
  • Pro Badge
  • Expert GST Guidance
  • Unlimited Forum Replies
  • Download Content in PDF
1 Year PLAN
1999
(Excl. of GST ₹359)

2 Years PLAN
3499
(Excl. of GST ₹629)

BEST VALUE
3 Years PLAN
4999
(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694




About the Author

Partner

Name: - UMESH RAMNARAYAN SHARMA. Residential Address: - 16, Motisagar, Samarthnagar, Aurangabad. Ph :- 2332846. Mobile:9822079900. Head Office Address: - R.B.Sharma Co. Chartered Accountants. Block No 7-10, 2nd Floor, Shangri-La Complex, Samarth Nagar, Aurangabad. Ph :- 2332511,2338388. Email:- rbsha ... Read more

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
Featured 27 October 2026
semi-qualified CA

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Final

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
30 October 2026
Asst Manager Accounts

Goodwin Pumps India Pvt Ltd

Chengalpattu

CA Inter

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details