2026 (1) TMI 586

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....the following grounds of appeal: "1. The learned CIT(A) has grossly erred in not allowing benefit of new tax Regime u/s 115BAC, in spite of all taxes having been paid on 15.03.2022 which is in time & filing of Return of Income on 16/03/2022 being within suo moto extension order by Hon'ble Supreme Court. 2. The denial of benefit of se. 115BAC by CPC by way of adjustment u/s 143(1) & that too without affording any opportunity being heard is unjustified, illegal & utter vires. 3. Without prejudice to above, if New Regime u/s 115BAC not allowed, appellant ought to have been allowed the deduction of Rs. 1,52,260/- as under, under old scheme. Deductions Amount Deduction u/s 80C :- 1,50,000/- LIP 50,000/- ....

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....ppellant was aware of the fact that Return of income was filed beyond the due date and the Form 10IE was also not filed and therefore the provisions of section 115BAC would not be applicable in the case. Despite this the appellant chose to file it u/s 115BAC instead of the old tax regime. Therefore, the contention of the appellant lacks merit." 5. The assessee is in appeal before us against the aforesaid order passed by Ld. CIT(A). Before us, the Counsel for the assessee submitted that though the assessee had filed return of income on 16.03.2022, however, the assessee had paid self-assessment tax liability of Rs. 1,49,921/- on 15.03.2022 itself and accordingly, there was no non-compliance on part of the assessee. The Counsel for the asse....