2024 (8) TMI 535

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....: "1. That the Ld. CIT(A) vide order u/s 250(6) dated 19.12.2023 has erred in confirming the action of the AO in not providing the benefit of lower tax as per section 115BAC due to the fact that form 10IE was not filed before the due date of filing of return u/s 139(1). i.e. 31.12.2021. 2. That the Ld. CIT(A) vide order u/s 250(6) dated 19.12.2023 has erred in confirming the action of the AO without appreciating that form 101E could not be filed before the due date of filing of return u/s 139(1) i.e. 31.12.2021 due to technical glitch. 3. That the order passed u/s 250(6) of the Income Tax Act, is bad in law as the requirement of filing of form 10IE before the due date of filing of return u/s 139(1) is directory in....

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....ber, 2022, on the income disclosed in the REVISED return, but without allowing the benefit of tax rate prescribed under the new scheme of taxation, on the ground that Form 10-IE, has not been filed within the time allowed u/s 139(1) ( i.e. within the extended time frame of 15th March, 2022 ). 5. The matter was carried in first appeal and the Ld. JCIT (A), dismissed the appeal holding that in case of exemption provisions the rule of strict interpretation shall be applied and in case of any ambiguity the benefit must go to revenue. The observation of JCIT(A), relevant portion reproduced: "After thoroughly examining the various precedents some of which were cited before us and after giving our anxious consideration, we would be mor....

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....x filing portal during the period September 2021, resulting in repeated extension of time by the CBDT vide circular numbers 09/2021, 17/2021 and again vide circular no  01/2022 dated 15/03/2022, and ultimately the due date was extended till 15th March, 2022. 8. He submitted that the original return was filed within the extended time allowed u/s 139(1) of the Act 61 on 02/01/2022, and subsequently the revised return was filed on 24/03/2022, along with Form 10-IE, opting for the new tax scheme, and eventually the assessment u/s 143(1) was completed on 28/10/2022, (much after filing of Form 10-IE) which means on the date of assessment , the FORM 10 - IE was before the AO, and yet the same has not been considered for the purpose of asse....

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....ection 115BAC of the Act 61, and he prays for sustaining the first appellate order. 10. We have heard the submissions of both the counsels and considered all the materials on record. The main issue to be decided is whether the filing of Form 10- IE within the time frame of section 139(1) of the Act 61, as per provisions of section 115BAC, is mandatory or directory in nature. 10.1 In the instant case we find that the original return of income is within time u/s 139(1) of the Act 61, filed on a returned income of Rs. 14,92,640/-, which was subsequently revised u/s 139(5), at a higher figure of Rs.16,91,220/-, which is the finally assessed figure u/s 143(1) dated 28/10/2022, meaning thereby, the revised return has been considered and acc....

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....E ) vs Ramji Mandir Religious and Charitable Trust, (2024)158 taxman .com 114 ( Ahmedabad ), where in the matter of filing of Form 10/10B which is required to be furnished before due date u/s 139(1) of the Act, the tribunal held the same to be merely directory in nature and opined that the same cannot be so fatal so as to deny exemption u/s 11(2) specially when the said Form - 10/10B was available before the AO when intimation was passed by CPC, u/s 143(1). 10.5 Regarding the issue of technical glitch raised by the assessee , that Form 10- IE could not be uploaded in the portal within the time allowed u/s 139(1), due to technical incompatibility in the portal we refer to a judgment of the Hon'ble Gujrat High court in the matter of sectio....