2025 (8) TMI 842 - AT - Income Tax

Resident Individuals Under Section 115BAC(1A) Can Claim Section 87A Rebate on Short-Term Capital Gains

Jayshreeben Jayantibhai Palsana Versus ITO, Ward-1 (9) Ahmedabad.

The ITAT Ahmedabad held that a resident individual opting for the new tax regime under section 115BAC(1A) with total income below Rs. 7,00,000 is eligible ... Disallowing the claim of rebate u/s 87A in respect of tax on short-term capital gain - Whether a resident individual who has exercised the option u/s 115BAC(1A) and whose total income is below Rs. 7,00,000/- is eligible to claim rebate under section 87A against tax payable on STCG u/s 111A, in the absence of any express restriction in section 87A or section 111A. HELD THAT:- We find that the assessee is a resident individual and the total income declared for the assessment year 2024–25 does not exceed Rs. 7,00,000. It is also an admitted position that the assessee has exercised the option to be assessed under the new tax regime in accordance with the provisions of section 115BAC(1A) of the Act. On a plain reading of the statutory provisions, there exists no express bar either in section 87A or section 111A for denial of rebate in respect of tax payable on short-term capital gains arising from transfer of listed equity shares taxable at special rates under section 111A. The legislative intent is further clarified by the subsequent amendment proposed in the Finance Bill, 2025, which is prospective in nature and thereby reinforces that no such restriction was in force during the relevant assessment year. The denial of rebate under section 87A by the CPC, Bengaluru, appears to be based solely on system-driven logic and not on any statutory mandate. Moreover, the interpretation adopted by the CIT(A) in upholding such denial is, in our considered view, not in consonance with the plain and unambiguous language of the law as applicable for A.Y. 2024–25. Assessee is eligible for rebate u/s 87A for A.Y. 2024–25 even though the income includes STCG taxable under section 111A. The AO is directed to allow rebate and recompute tax liability accordingly. The demand Raised in CPC intimation stands deleted. Assessee appeal allowed. 1. ISSUES PRESENTED and CONSIDERED 1. Whether a resident individual who has opted for taxation under section 115BAC(1A) and whose total income does not exceed Rs. 7,00,000 is eligible to claim rebate under section 87A against tax payable on short-term capital gains (STCG) under section 111A, in the absence of any express restriction in section 87A or section 111A. 2. Whether the proviso to section 87A, as amended by the Finance Act, 2023, excludes incomes taxable at special rates under Chapter XII, specifically STCG under section 111A, from the rebate. 3. The legal effect of the 'subject to the provisions of this Chapter' clause in section 115BAC(1A) on the availability of rebate under section 87A for tax on special rate incomes. 4. The relevance and applicability of the Explanatory Memorandum to the Finance Bill, 2025, which proposes prospective amendments restricting rebate under section 87A for special rate incomes, including section 111A. 5. Whether denial of rebate under section 87A on STCG by the Centralised Processing Centre (CPC) without prior notice or reason violates procedural safeguards under section 143(1) of the Income-tax Act. 6. The precedential value and applicability of appellate orders and judicial pronouncements permitting rebate under section 87A on STCG under section 111A. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 & 2: Eligibility for Rebate under Section 87A on STCG under Section 111A - Legal Framework: Section 87A provides a rebate to resident individuals whose total income does not exceed Rs. 7,00,000 and who are chargeable to tax under section 115BAC(1A) (new tax regime). The first proviso to section 87A, inserted by the Finance Act, 2023, extends this rebate up to Rs. 25,000 for AY 2024-25 onwards. Section 111A prescribes a special tax rate of 15% on STCG arising from transfer of listed equity shares. Section 112A(6) explicitly excludes rebate under section 87A on long-term capital gains (LTCG) exceeding Rs. 1,00,000 taxable under section 112A. - Court's Interpretation and Reasoning: The Court observed that the statutory language of section 87A uses the term 'total income' without expressly excluding any income category, including those taxable at special rates under Chapter XII such as STCG under section 111A. The explicit exclusion of rebate in section 112A(6) for LTCG taxable under section 112A underscores the legislative intent to deny rebate only where expressly stated. Therefore, the absence of any similar exclusion for STCG under section 111A or in section 87A itself is legally significant and must be construed in favour of the assessee. The Court held that rebate under section 87A applies to the total tax liability computed, including tax on STCG under section 111A, provided the total income threshold is met. - Key Evidence and Findings: The assessee's total income was Rs. 6,76,402, below the Rs. 7,00,000 threshold, with tax liability arising solely on STCG under section 111A. The revised return opted for the new tax regime under section 115BAC(1A). No statutory provision or proviso excludes rebate on STCG under section 111A. - Application of Law to Facts: The Court applied the plain language of section 87A and noted the absence of any express bar on rebate for STCG under section 111A. The legislative distinction between LTCG (section 112A) and STCG (section 111A) rebate eligibility was emphasized. - Treatment of Competing Arguments: The Revenue's reliance on the 'subject to the provisions of this Chapter' clause in section 115BAC(1A) and the Finance Bill 2025 Explanatory Memorandum was rejected. The Court clarified that the overriding clause only affects computation of tax rates and does not negate eligibility for rebates under Chapter VIII unless expressly provided. The Explanatory Memorandum, being interpretative and prospective, cannot override the clear statutory language applicable for AY 2024-25. - Conclusion: The assessee is entitled to claim rebate under section 87A on tax payable on STCG under section 111A for AY 2024-25, given total income below Rs. 7,00,000 and absence of any express statutory exclusion. Issue 3: Effect of 'Subject to the Provisions of this Chapter' Clause in Section 115BAC(1A) - Legal Framework: Section 115BAC(1A) commences with a non obstante clause but is expressly made 'subject to the provisions of this Chapter' (Chapter XII), which contains special rate provisions including sections 111A and 112A. - Court's Interpretation and Reasoning: The Court held that this clause confines the scope of section 115BAC(1A) to the computation of tax rates on various incomes, ensuring that special rates under Chapter XII are preserved. However, it does not affect the availability of rebates or deductions under other chapters, such as section 87A under Chapter VIII, unless explicitly stated. - Application of Law to Facts: The assessee's tax on STCG under section 111A was computed at the special rate of 15%, consistent with Chapter XII. The rebate under section 87A applies subsequently on the total tax computed and is not negated by the 'subject to' clause. - Conclusion: The 'subject to the provisions of this Chapter' clause in section 115BAC(1A) governs tax rate computation but does not exclude rebate under section 87A on tax payable on special rate incomes like STCG under section 111A. Issue 4: Reliance on Explanatory Memorandum to Finance Bill 2025 - Legal Framework: The Finance Bill 2025 proposes amendments to section 87A to exclude rebate on tax payable on special rate incomes including section 111A, effective from AY 2026-27. - Court's Interpretation and Reasoning: The Court found the reliance on the Explanatory Memorandum misplaced for AY 2024-25, as the amendment is prospective and not yet in force. The Memorandum cannot override the clear statutory language applicable for the relevant assessment year. - Conclusion: The existing law for AY 2024-25 does not exclude rebate under section 87A on STCG under section 111A; the prospective amendment supports this interpretation. Issue 5: Procedural Validity of Denial of Rebate by CPC - Legal Framework: Section 143(1) requires that any adjustment or disallowance in intimation must be preceded by a notice or reason under the proviso to section 143(1). - Findings: The CPC intimation disallowed the rebate under section 87A without specifying any reason or issuing prior notice under section 143(1)(a)(vi). This procedural omission was noted as contrary to statutory safeguards. - Conclusion: The denial of rebate on technical grounds by CPC without prior notice or reason is procedurally improper and violates the proviso to section 143(1). Issue 6: Precedential and Judicial Support for Rebate on STCG under Section 111A - Relevant Precedents: The Court noted an appellate order by CIT(A)-1, Nagpur, allowing rebate under section 87A on STCG under section 111A under identical facts. The Hon'ble Bombay High Court in a PIL directed the Department to permit claims for rebate under section 87A despite technical constraints, leaving merits to quasi-judicial authorities. - Interpretation: These decisions support the view that rebate under section 87A is available on STCG under section 111A and that denial based on system or procedural grounds is not sustainable. - Conclusion: The Tribunal aligns with these precedents and affirms the assessee's entitlement to rebate under section 87A on STCG under section 111A. Final Conclusion and Directions - The assessee, a resident individual with total income below Rs. 7,00,000, having opted for the new tax regime under section 115BAC(1A), is eligible for rebate under section 87A against tax payable on STCG under section 111A. - The denial of rebate by CPC was based on system-driven logic without statutory basis and procedural compliance. - The CIT(A)'s reliance on the 'subject to' clause and the Finance Bill 2025 Explanatory Memorandum for denial of rebate is not supported by the statutory language applicable for AY 2024-25. - The Assessing Officer is directed to allow the rebate of Rs. 13,320 under section 87A and recompute the tax liability accordingly. The demand raised in the CPC intimation is to be deleted, and refund, if any, shall be granted as per law.