2024 (8) TMI 111

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..... At the outset, it is noticed from the appeal record that there is a delay of 71 days in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking for condonation of delay and read out the contents of the petition which is as under: "1. Assessee was served with CIT(A) order on dt. 08.02.2024 passed u/s 250 of the IT Act. Whereas, the assessee being aggrieved was desirous to file appeal before the Hon'ble ITAT and the appeal was filed on dt: 18.06.2024 as against the due date of filing i.e., dt. 08.04.2024, thus causing a delay of 71 days. The reasons and circumstances under which the appeal w....

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....n of the Ld. AR, we find that the assessee is prevented by a reasonable and sufficient cause in filing the appeal beyond the prescribed time limit with a delay of 71 days. Therefore, we hereby condone the delay of 71 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated facts of the case are that, Assessee is an individual filed his return of income on 12.08.2023 admitting the total income of Rs. 1,53,45,640/- for the A.Y. 2023-2024. The return was summarily processed under section 143(1) of Income Tax Act, 1961 [hereinafter in short "the Act"] raising a demand of Rs. 98,720/-. Being aggrieved by the demand raised by the Centralized Processing Centre [h....

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.... income, whereas the sole source of income for the Appellant is salary income. Hence, the decision of the Ld.JCIT(A) is not only erroneous but also contrary to the provisions of law. 5. In light of the aforementioned grounds, it is humbly prayed that this Honourable Tribunal may kindly give directions to compute the tax as per sec 115BAC of the IT Act." 6. The only issue emanating from the grounds raised by the assessee is with regard to denial of special rate of taxation under section 115BAC of the Act opted by the assessee. 7. The Learned Authorized Representative [hereinafter in short "Ld.AR"] argued that as per section 115BAC of the Act it is not required to file Form-10-IE when the assessee is a salaried employee. He fur....