TaxTMI 
TaxTMI 
2025 (2) TMI 1381
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.... the delay in filing the appeal as genuine and bonafide, the delay is condoned. 3. Coming to the merits of the case, it appears from the orders passed by the authorities below that the Assessee for the A.Y. 2021-22 by filing form no.10IC on dated 19.07.2022 had opted for taxability of its income u/s 115BAA of the Act. However, the benefit of the scheme was not provided to the Assessee mainly on the reasons that form no.101C has been filed beyond the due date of filing of return u/s 139(1) of the Act. The Assessee, subsequently by filing its return of income, has opted for option 'E' and has claimed to have filed form no.10IC for the A.Y. 2021-22 on 19.07.2022 and therefore claimed the benefit of provisions of section 115BAA of the Act for the A.Y. 2021-22 as well. However, the CPC vide intimation/order dated 28.07.2023 u/s 143(1) of the Act, also denied such benefit claimed by the Assessee by considering the fact that the benefit of the new tax regime as claimed in the A.Y. 2021-22 by filing form no.10IC belatedly on 19.07.2022 has been disallowed. The AO consequently vide intimation/order dated 28-07-2023 u/s 143(1) of the Act, raised the demand of Rs. 1,02,20,780/-. ....
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.... of the appellant accordingly. Hence, this ground of appeal taken by the appellant is allowed." 5. The Revenue Department, being aggrieved, is in appeal before this Court. 6. Heard the parties and perused the material available on record. In the instant case, the Assessee has opted for new tax regime for the A.Y. 2021-22 by filing form no.10IC on dated 19.07.2022 and thereafter on the basis of such form no.10IC again claimed the benefit of new tax regime by filing its return of income for the A.Y. 2022-23 which is under consideration. Admittedly, the Assessee never withdrawn its option exercised for the new tax regime and as on date of filing the return of income for the assessment year under consideration and processing the same by intimation/order dated 28.07.2023 u/s 143(1) of the CPC, Form no.10IC was available as the same was neither withdrawn nor rejected by the Revenue Department and therefore question emerge "whether the Assessee is entitled for the benefit of new tax regime on the basis of the form no.10IC filed on 19.07.2022, as claimed by the Assessee by filing its return of income". 6.1 The Tribunal at Amritsar Bench in the case of Harbans Singh vs. AO, CPC, Ba....
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....e ITAT, Ahmedabad Bench, in the case of ITO (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 section 115BBA of the Act, in the case of PCIT vs KGY Glass Industries P Ltd, ( 2023) 156 taxmann.com18 (Gujrat), where Form 10-1C was required to be filed by the domestic company within time allowed u/s 139(1) of the Act, opting to be taxed as per provisions of section 115BBA, was not practically possible due to technical glitches in the portal, the Hon'ble court held that in absence of any fault on the....
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.... a view to avoid genuine hardship to the domestic companies in exercising the option u/s 115BAA of the Act, CBDT in exercise of the powers conferred under section 119(2)(b) of the Act, hereby directs that: - The delay in filing of Form No. 10-IC as per Rule 21AE of the Rules for previous year relevant to A.Y. 2021-22 is condoned in cases where the following conditions are satisfied: "i) The return of income for relevant assessment year has been filed on or before the due date specified under section 139(1) of the Act; ii) The assessee company has opted for taxation u/s 115BAA of the Act in item (e) of "Filing Status" in "Part A-GEN" of the Form of Return of Income ITR-6; and iii) Form No. 10IC is filed electronically on or before 31.01.2024 or 3 months from the end of the month in which this Circular is issued, whichever is later." 6.4 Recently the jurisdictional co-ordinate Bench of the Tribunal in ITA No.3981/M/2024 in the case of M/s. Swingtel Communications Pvt. Ltd. vs. ITO, Ward 4(3)(1), Mumbai dated 06.01.2025 also dealt with the almost identical issue, wherein due to some technical glitches in the ITBA portal, the Assessee was unable t....