2025 (2) TMI 1948

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rivate limited domestic company carrying on business as manufacturers of overhead polymer water tank and other polymer items, filed return of income for the AY 2020-21 declaring a total income at Rs. 52,08,510/-, and on the total income of Rs. 52,08,510/- tax was calculated. The assessee has also taken into account the disallowance of employee component of EPF & ESI u/s 36(1)(va) in the schedule BP of the ITR amounting to Rs. 20,098/-. The aforesaid return got processed and a demand of Rs. 4,05,510/- was generated. 3. Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been partly allowed as the Ld. CIT(A) allowed the appeal of the assessee in relation to the disallow....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ompany for the assessment year under consideration was never crossed to Rs. 400 crores. The assessee has given a chart of company regarding its turnover for FY 2016-17 and FY 2017-18 which is as follows: Sl. No. Particulars Tax Rate Surcharge Health and Education Cess Effective tax rate 1. Section 115BAA 22% 10% 4% 25.168% 2. If turnover of the domestic company in PY 2017-18 was up to 400 crores Or ##### If turnover of the domestic company in PY 206-17 was up to 250 crores 25% 0% 4% 26% 3. In any other cases 30% 0% 4% 31.20% 7. The Ld. CIT(A) has confirmed the order of AO and the operative portion of the order is thus: "4.3. The second issue related to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Tribunal was justified in law to set aside the order dated 31.07.2023 of the NFAC, Delhi and restoring the file back to Assessing Officer for consideration of the ground of appeal taken by the respondent assessee before the CIT(A)/NFAC in respect of filing of the Form 10IC without considering the CBDT's Circular No. 6/2022 dated 17.03.2022 regarding condonation of delay in filing Form 10IC as per Rule 21AE ? ii) Whether on the facts and in the circumstances of the case, the Learned Tribunal was justified in law to direct the Assessing Officer to consider the ground by the respondent assessee taken in its appeal preferred before the NFAC, Delhi with respect to nonfiling of Form 10IC on ITBA portal for availing the benefit of Section....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....form would be mandatory or directory. 5. Learned Tribunal considered the peculiar facts and circumstances of the case and noted the conduct of the assessee and granted leave to the assessee permitting them to file the form and restoring the matter back to the Assessing Officer to consider the report in Form 10IC and allow the relief to the assessee if the assessee fulfils all other requisite conditions as per law. In the Circular issued by the CBDT vide its order Circular No. 6 of 2022, dated 17th March, 2022, the CBDT condoned the delay in filing Form 10IC relevant to the assessment year 2020- 21 on fulfillment of certain conditions which are as hereunder :- 1. The return of income for AY 2020-21 has been filed on or befo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f. That apart, the assessee has specifically stated that they had certain difficulties in uploading the form in the Income tax portal. One more aspect which the assessee pointed out is that in case of a HUF opting under the new taxation scheme under Section 115BAC, the portal requires management number of 10IE while filing the income tax return as this being a mandatory column and the assessee continue process of filing ITR without filling the same and if there was non-compliance in filing Form 10IE, the assessee would be aware of that and will submit the same but such facilities is not provided when returns are filed by companies. 8. The peculiar facts and circumstances would show that the error was an inadvertent procedural error....