Taxpayers, CAs File Appeals Against IT Notices Over Section 87A Rebate Claims



Quick Summary
Numerous taxpayers, particularly those earning below £7 lakh, are receiving demand notices from the Income Tax Department despite revising their returns as per the Bombay High Court's order. These notices disallow the Section 87A rebate for income taxed at special rates, such as Short-Term Capital Gains, even when claimed within the designated revision period. Chartered Accountants are now assisting clients in filing appeals with the Commissioner of Income Tax (Appeals) to challenge these demands.

The long-standing confusion surrounding Section 87A rebate claims has reared its head again. Despite revising their income tax returns (ITRs) in January 2025 as per the Bombay High Court's directive, numerous taxpayers-primarily those with total incomes below Rs 7 lakh-are now being served demand no
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FAQ :

Taxpayers are receiving demand notices because the Income Tax Department is disallowing the Section 87A rebate for income taxed at special rates, like Short-Term Capital Gains, even when returns were revised following the Bombay High Court's directive.

The Bombay High Court directed the Income Tax Department to provide a revision window for taxpayers to claim the Section 87A rebate, which was subsequently opened from January 1 to January 15, 2025.

Taxpayers should check if 30 days have passed since receiving the intimation and file Form 35 electronically via the e-filing portal to appeal against the demand, attaching supporting documents like the Bombay HC judgment.

Yes, some appeals, particularly from Gujarat and Mumbai, have already resulted in favourable outcomes for taxpayers, though each case is judged individually.

No, the Budget 2025 clarification states that from FY 2025-26 onwards, special rate incomes will not qualify for the rebate. This restriction did not apply to FY 2023-24, which is a point of contention for current appeals.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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