TaxTMI 
TaxTMI 
2026 (9) TMI 1148
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....ad filed its original return of income for A.Y.2024-25 on 21.10.2024 declaring total income at Nil a/w. claiming tax rate of 15% u/s. 115BAB of the Act after duly filling Form 10-ID as mandated by the Section 115BAB of the Act for claiming such lower tax rate. However, the said claim was denied by the CPC. 3. The DCIT/CPC, Bengaluru disposed of the application i.e. the second application u/s. 154 of the Act filed by the assessee without making any changes to the intimation u/s. 143(1)(a) of the Act and without disturbing statis-quo as was there also in the previous rectification order u/s. 154 of the Act, dated 21.12.2024. The fact of the matter, is therefore, that the assessee had duly filled Form as required for claiming tax rate of 15....
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....has to be made by the First Appellate Authority in terms with relevant provisions/sections on merits. In view thereof, we set-aside the order of the Ld.ADDL/JCIT(A)-2, Vadodara and restore the matter to its file for denovo adjudication on merits regarding claim of the assessee u/s. 115BAB of the Act while complying with the principles of natural justice. 5. We find that similar view has been taken by this Bench in assessee's own case in ITA No.337/RPR/2026, dated 13.07.2026, wherein it was held and observed as follows: "2. The brief facts in this case are that the assessee had filed rectification application u/s. 154 of the Income Tax Act, 1961 (for short 'the Act') dated 30.01.2025 challenging the validity of the intimation u/s....
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....the matter on certain verification as per the decision of the Department is being allotted to the Ld. CIT(Appeals)/NFAC as well as JCIT. However, so far as the assessee is concerned, he understands that rectification order u/s. 154 of the Act is appealable to the higher authority which is the Ld. CIT(Appeals)/NFAC and in terms with Section 246A of the Act, such order is appealable. Therefore, the assessee should not be prejudiced with the internal functioning of the Department, whether his case is allotted to Ld. CIT(Appeals)/NFAC or whether his case is allotted to Ld. JCIT since for the assessee in terms with Section 246A of the Act the matter is appealable before the higher authority and the assessee, therefore, cannot be denied benefit o....