2024 (3) TMI 466

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....fter referred to as CIT(A), ITD) is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, CIT(A), ITD has erred both on facts and in law in confirming the action of the ADIT, CPC in rejecting the application filed by the assessee under section 154 for rectification of the intimation order passed under section 143(1) of the Income Tax Act 3. On the facts and circumstances of the case, CIT(A), ITD has erred both on facts and in law in confirming the action of the ADIT, CPC in denying the benefit of the option of lower rate of tax exercised by the assessee under section 115BA of the Income Tax Act and creating the demand of Rs. 4,09,900/- (Including Tax of Rs. 3,42,487/- and interest of Rs. 67,413/-) 4. ....

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.... filing out form ITR-6 is explained by the CBDT. The relevant instructions for the quarrel under the consideration read as under :- Whether assessee has opted for taxation under section 115BA/115BAA/115BAB In case you are a 'domestic company' please specify the following by selection the applicable dropdown:-   (a)Whether you have opted for charging of tax @ 25% on total income computed as per provisions of section 115BA; (b) whether you have opted for charging of tax @22% on total income computed as per provisions of section 115BAA; (c) whether you have opted for charging of tax @15% on total income computed as per provisions of section 115BАВ; (d) Select option "none of the above "in case you are not opting for any....