Section 115BAC relief could not be denied where Form No. 10IE was on record before processing under section 143(1).

The new tax regime under section 115BAC could not be denied merely because Form No. 10IE was filed after the return due date, where the form was already on record when the return was processed under section 143(1). The requirement to file the form was treated as directory, and the processing authority was expected to consider material available at the time of processing. The intimation was therefore to be amended by taking Form No. 10IE into account, and the assessee's claim succeeded.

---

---

Issues: Whether the benefit of the new tax regime under section 115BAC could be denied for delay in filing Form No. 10IE when the form was available with the processing authority at the time of processing the return under section 143(1).

Analysis: The return for the assessment year was processed under section 143(1), and the relevant form had been filed before the processing of the return, though after the due date for filing the return. The requirement to file Form No. 10IE was treated as directory rather than mandatory, and the processing authority was expected to consider the form that was available on record at the time of processing.

Conclusion: The denial of the new tax regime benefit was not justified, and the processing authority was directed to amend the intimation by taking Form No. 10IE into account. The appeal succeeded in favour of the assessee.

---