Update on Rebate u/s 87A: Bombay High Court Relief




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Update on Rebate u/s 87A: Bombay High Court Relief

 

The Chamber of Tax Consultants filed a PIL before the Hon’ble Bombay High Court, raising concerns over the inability of assessees to claim the rebate under Section 87A on special incomes while filing ITRs for A.Y. 2024-25. This issue arose due to changes in the department’s utility software after 5th July 2024, particularly under the new tax regime.

In a significant development, the Court observed that:

The rebate u/s 87A is intrinsically tied to the total income and tax liability of taxpayers.

Such substantive rights cannot be negated by procedural changes like alterations in filing software.

Interim Relief Granted:

The CBDT has been directed to extend the due date for filing income tax returns for A.Y. 2024-25 from 31st December 2024 to at least 15th January 2025.

A notification under Section 119 of the Income Tax Act is to be issued promptly, enabling taxpayers to file belated/revised returns and claim the rebate.

The PIL is listed for final disposal on 9th January 2025.

Case Reference: The Chamber of Tax Consultants vs. DGIT (Systems) & Ors. [PIL (L) No. 32465 of 2024]

The copy of the order is as under:

1734755219905




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