TaxTMI 
TaxTMI 
2025 (2) TMI 2001
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....filed return of income for the relevant assessment year on 05.02.2021 without uploading Form 10IC for claiming lower rate of tax i.e. 22% u/s 115BAA of the act which was processed by the CPC vide intimation order dated 18.12.2021 by not giving benefit of lower rate of tax since Form 10IC is not attached. The CPC has determined the gross tax liability was Rs. 42,95,450/- whereas the same was calculated by the assessee at Rs. 32,38,321/- while filing original return of income. 3. Aggrieved by the said order the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed on the ground that the Form no. 10IC has belatedly been filed i.e. on 20.02.2023. Being aggrieved and dissatisfied the prese....
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....nal rate of 22% by exercising option u/s 115BAA of the Act without filing Form 10IC. The assessee stated that the CPC had erred in holding that the Appellant did not opt for being taxes as per the provisions of Section 115BAA of the Act since the Form 10IC is not filed along with the Return of income. The assessee indicated its option at page 1 of ITR 6 in 4th row form bottom option u/s 115BAA is mentioned in online ITR filed u/s 139(1) on 05.02.2021 without attaching Form 10IC. The assessee filed Form no. 10IC on 20.02.2023 and claiming lower rate of tax for the assessment Year 2020-21. The CPC after examining the fact that the assessee has failed to file Form No. 10IC along with the ROI which is the basic requirement to claim the benefit ....
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....urn within the extended time thereof. That apart, the assessee has specifically stated that they had certain difficulties in uploading the form in the Income tax portal. Also assessee pointed 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. The peculiar facts and circumstances would show that the error was an inadvertent procedural error and the c....