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CBDT Reaffirms No 87A Rebate on Short-Term Capital Gains, Offers Interest Waiver for Payment by Dec. 31, 2025

The tax board ordered corrections to returns that wrongly applied the small‑taxpayer rebate to special‑rate income, giving those billed a path to avoid Section 220(2) interest by paying by December 31, 2025.

Overview

  • A CBDT circular dated September 19 directs rectification of cases where Section 87A was incorrectly allowed on special-rate incomes such as short-term capital gains, triggering fresh tax demands.
  • Interest under Section 220(2) will be waived if these demands are settled by December 31, 2025, with interest payable on delays beyond the deadline.
  • Several FY 2023-24 returns had claimed or were mistakenly processed with the rebate on short-term capital gains, and the Income Tax Department is reversing those allowances and raising dues.
  • The dispute led to a Bombay High Court directive in December 2024 to permit revisions, followed by a 15-day window in January 2025, yet many taxpayers subsequently received payment notices.
  • Prospectively, Union Budget 2025 bars the rebate for special-rate incomes from FY 2025-26 and raises the new-regime rebate threshold to Rs 12 lakh, while the short-term capital gains rate moved from 15% in FY 2023-24 to 20% from FY 2024-25.