2024 (11) TMI 1409

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....priya Pal, Add. CIT (DR) ORDER PER SONJOY SARMA, JUDICIAL MEMBER: The captioned appeals filed by the Revenue, pertaining to assessment years 2021-22 are directed against the orders passed by the Learned Commissioner of Income Tax (Appeals) - 22, Kolkata (hereinafter referred to as the 'ld. CIT(A)') even dated 17th May, 2024, passed u/s 250 of the Income Tax Act, 1961 ('Act'). 2. Since,....

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....had failed to file form no.10IE electronically before the due date of filing of return of income. An intimation was issued u/s 143(1) of the Act on 22nd March, 2022 to the assessee denying such claim as made by the assessee. 4. Aggrieved by the intimation assessee filed an appeal before the ld. CIT (A) which is delayed by 709 days in filing the appeal. However, the ld. CIT (A) rejected the appe....

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....tion is that the failure to file form no.10IE, was mere inadvertent lapse and did not result any revenue loss. The assessee had complied with all other provisions of Section 115BAC of the Act and the failure to file the form should not result any denial of the concessional tax benefits. The contention of the assessee is that it is a procedural lapse and on this issue various judicial decisions has....

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....thin the prescribed due date. However, it is also noted that the assessee has otherwise complied with other conditions u/s 115BAC o f the Act. We also noted that there has been no loss to the Revenue due to this procedural lapse. On this context, we find that various judicial precedent have been held that substantial justice should not be denied due to technical lapse. In the interest of justice, ....