TaxTMI 
TaxTMI 
2025 (12) TMI 1575
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....e AO without appreciating that form 101E could not be filed before the due date of filing of return u/s 139(1) 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 nature and as such the benefit of lower tax rate cannot be denied. 4. That the order passed u/s 250(6) of the Income Tax Act, is bad in law as since the adoption of lower tax rate as per section 115BAC cannot be brought under the ambit of adjustment u/s 143(1) which covers 'arithmetical error, incorrect claim, disallowance of loss, disallowance of expenditure, disallowance of deduction or addition of income appearing in form 26AS or form 16A'. 5. Without prejudice to the aforesaid grounds, the Ld. CIT(A) has erred in not appreciating that even if the benefit of lower tax rate as per section 115BAC is denied to the-assessee, then, in such a case, the assessee is entitled to avail deduction under chapter Vl-A of the income tax act 1961. 6. That the Ld. CIT(A) has erred in not accepting the form 101E and revised return filed on ....
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....cause of technical glitches which was prevalent in the system at that period of time and he also referred to various circulars which were issued by the Board extending the time period for compliance. Circular No. Date Extended to Reason for extension of date as explained by CBDT in Circulars Circular No. 9/2021 dated 20-5- 2021 30th September, 2021 Difficulties reported by the taxpayers and other stakeholders in electronic filing of Income-tax returns and various reports of audit CIRCULAR NO. 17/2021 31st December, 2021 Difficulties reported by the taxpayers and other stakeholders in electronic filing of Income-tax returns and various reports of audit CIRCULAR NO. 01/2022 15th March 2022 On consideration of difficulties reported by the taxpayers and other stakeholders due to COVID and in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in exercise of its powers under Section 119 of the Act, provides relaxation in respect of the following compliances: 4. The due date of furnishing of Return of Income for the Assessment Year 2021-22, which was 31st Octo....
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...., yes [Para 10.6] [In favour of assessee] (b) 2024 (6) TMI 272 - ITAT PUNE AKSHAY DEVENDRA BIRARI VERSUS DCIT, CPC, BENGALURU Issues involved: Appeal against denial of benefit of New Tax Regime due to late submission of Form No.10IE. Summary: The appeal was filed by the assessee against the order of Addl./JCIT(A)-2, Chennai for the assessment year 2023-24. The appellant, an individual deriving income under the head "Salaries" and income from Futures and Options in shares, filed the Return of Income under section 115BAC in the New Tax Regime on 31.07.2023 declaring income of Rs. 40,54,450/-. The income was assessed at the same amount by the CPC under section 143(l)(a) on 10.01.2024, denying the benefit of the New Tax Regime. The CIT(A)/NFAC confirmed the CPC's action, stating that the appellant submitted Form No.10IE after the prescribed due date of 31.07.2023. The appellant then appealed before the Tribunal. Despite due notice, the appellant did not appear for the appeal hearing. The Senior DR argued that the New Tax Regime was optional from A.Y. 2023-24 onwards, and the appellant failed to file Form No. 10IE before the income tax re....
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....to resolve the controversy as regards the technical glitches in the Income Tax Portal. At this stage, Mr. Hemani, the learned Senior Counsel submitted that by and large all issues can be said to have been taken care of with view of what has been stated in the affidavit except the issue as regards the lew of interest under Section 234A of the Income Tax Act. We do not intend to look into the above controversy in the present litigation as we are informed that one writ application as regards Section 234A is already pending before this High Court. This issue shall be looked into as and when the pending writ application is taken up for hearing by this Court. We close both the writ applications and dispose of the same accordingly. The affidavit, which has been filed today on behalf of the respondents Nos. 1 and 2 shall be taken on record. (h) 2023 (11) TMI 656 - BOMBAY HIGH COURTMATRIX PUBLICITIES AND MEDIA INDIA PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-16 (1), MUMBAI & ORS Delay in issuing refund - ACIT said that the system (under the control of CPC, Bangalore) needs to capture the refund already approved via web service rectification order an....
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....m 10IE as per provisions of section 115BAC has been dully filed on 24th March 2022 (placed in paper book page 18-19, alongwith the revised return of income itself filed u/s 139(5) claiming refund of 26,000/-. The sequence is as under): S.No Events Date 1. Original return filed 11.01.2022 2. Original return processed 27.03.2022 3. Due date of filing form 10IE 15.03.2022 4. Revised return of Income filed 24.03.2022 5. Form 10IE filed 24.03.2022 6. Claim of refund rejected by CPC 05.07.2022 9.1 It is also observed that the due date of filing the statutory Form 10IE was 15th March 2022 which is belated by nine days on account of technical glitch in the portal. 9.2 We also observed that the said revised return has been considered by the AO CPC, Bangalore and assessment has been completed u/s 143(1) on 5TH July 2022 but without giving the benefit of the new regime by denying the benefit of lower rate of taxes u/s 115BAC and at the same time the benefit of deduction under Chapter-VI A has also not been allowed. 9.3 We find that the said benefit has been disallowed only because the statutory Form 10IE has not been file....