TaxTMI 
TaxTMI 
2026 (10) TMI 160
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....earned AA) erred in confirming the intimation u/s. 143(1) dated 29/01/2026 issued by the Learned CPC raising a demand of Rs. 1,41,480/-. 2. The learned AA erred in holding that the appellant had opted out of the new tax regime as the appellant had filed Form No. 10-IEA opting out of new tax regime though in the return of income, the appellant had clearly mentioned that the appellant is not opting out of new tax regime. 3. The learned AA erred in not disposing of ground of appeal no.2 raised before it which reads as under: The CPC erred in passing Intimation u/s. 143(1) dated 29/01/2026 without giving prior intimation to the appellant as mandated u/s. 143(1)/154(3) 4. The learned AA ought to have held that the Inti....
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....st filed by the assessee thereon on 11th February 2026 was also rejected by the learned CPC vide order under Section 154 dated 17th February 2026. Aggrieved with the intimation under Section 143(1) dated 29th January 2026, the assessee filed appeal before the learned CIT(A). 4. The learned CIT(A) noted that when the assessee himself opted out of the new tax regime by filing Form 10-IEA, the claim made in the return of income was tantamount to incorrect claim and therefore learned CPC was justified in making the adjustment. 5. Before us, the assessee has assailed the finding of the learned CIT(A) on three grounds. 6. As far as first ground is concerned, it was submitted that assessee in the return of income clearly had mentioned tha....
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....0-IEA. In case of assessee having income from business or profession, such an option exercised in any previous year could be withdrawn only in the subsequent years. Therefore, the question before us is whether the assessee can exercise the option of not opting out of the new regime otherwise than by way of filing Form No. 10-IEA. 6.3 In the case, assessee has already exercised option for opting new tax regime in the Assessment Year 2024-25 and then assessee exercised for withdrawing the same in the current Assessment Year 2025-26 and accordingly said option was accepted on the basis of the form filed on 31st August 2025. 6.4 Now, the assessee in the return of income again ticks the box not to wish out of the new tax regime. In our opi....
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....was issued either by way of the mail or by way of the physical letter. But no such information was filed by the assessee to substantiate that such mail, such intimation, such prior intimation was not received by him. 7.1 Before us, the learned counsel for the assessee relied on the decision of the Hon'ble High Court of the Bombay in the case of Rallis India Limited Vs. Central Processing Centre and others in Writ Petition No. 37314 of 2025 dated 19th January 2026. But in the said case, the department in their affidavit in reply accepted the fact that no notice or proposed adjustment was issued to the said assessee. And therefore, in those facts, the Hon'ble High Court held that processing the return and making adjustment was in b....