2025 (9) TMI 375

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....19(2)(b) of the Income-tax Act, 1961 ('the Act') for the AY 2021-22. 2. For the AY 2021-22, the time limits to file return of income were extended from time to time because of the COVID pandemic. Vide Circular No. 1/2022 dated 11 January 2022, the Central Board of Direct Taxes ('CBDT') had extended the time limit to file audit report under section 44AB of the Act to 15.02.2022 and the time limit to file return of income to 15.03.2022. Further, the time limit to file belated return was extended to 31.03.2022 vide Circular No. 17/2019 dated 09.09.2021. 3. For the AY 2021-22, the Petitioner had filed its return of income belatedly on 30.03.2022 disclosing a total income of Rs. 6,710/- and paid taxes of Rs. 2,708/-. In the said return, th....

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..... It was submitted that such delay was due to oversight of the Chartered Accountant. A request was accordingly made to condone the delay of mere 15 days in uploading Form 10IC. 6. However, Respondent No. 1 rejected the application for condonation of delay in filing the return of income vide his order dated 12.02.2024. The rejection was on the ground that two conditions of Circular No. 19/2023 (supra) were not fulfilled and that the Petitioner has not provided a genuine reason. It is the said Order which has been challenged in the present Petition. 7. Mr. Gandhi, the learned Counsel for the Petitioner, submitted that the delay in filing of Form 10IC is merely of 15 days. The said delay has occurred purely due to oversight of the Charte....

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....incipal Commissioner of Income Tax reported in [2025] 176 taxmann.com 405 (Bombay) and Shree Jain Swetamber Murtipujak Tapagachha Sangh vs. Commissioner of Incometax (Exemptions) reported in [2025] 482 ITR 38 (Bombay). 8. Ms. Nagaraj, the learned Counsel for the Respondent, supported the Impugned Order. She submitted that the conditions of Circular No. 19/2023 are not fulfilled and therefore, delay cannot be condoned. She further submitted that the Petitioner has not provided any evidence to justify the reasons for delay in filing of Form 10IC, and that no affidavit of the Chartered Accountant was filed in relation to the reasons for the delay. Accordingly, she submitted that the Impugned Order of Respondent No. 1 should be upheld. 9.....

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....e due date specified under section 139(1) of the Act. However, as rightly pointed out by Mr. Gandhi, there is no such requirement under Section 115BAA of the Act to claim benefit under the said section. In other words, if Form 10IC is filed within the due date specified under section 139(1) of the Act but if the return of income is filed beyond such due date specified under section 139(1) of the Act, even then an assessee would be eligible to claim benefit under section 115BAA of the Act. Thus, filing of return of income within the due date specified under section 139(1) of the Act is not a condition precedent for claiming benefit under section 115BAA of the Act. In any event, even if the conditions of Circular No. 19/2023 (supra) are not f....