SUBHASH CHANDER BAHL,NOIDA vs. DCIT CIRCLE 5(2)(1), NOIDA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the filing of Form 10IE is a directory provision and failure to file it along with the return should not deny the assessee the benefit of the new tax regime. The assessee's grievance was accepted.
What were the facts?
The assessee's appeal for AY 2023-24 arises against an order related to proceedings under section 143(1) of the Income-tax Act. The core issue is the denial of the assessee's claim to be assessed under the new tax regime (Section 115BAC).
What were the issues?
Whether the failure to file Form 10IE along with the return can deny the assessee the benefit of assessment under the new tax regime under Section 115BAC of the Income-tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Date of hearing 21.08.2025 Date of pronouncement 21.08.2025 ORDER This assessee’s appeal for assessment year 2023-24, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)- 2, Visakhapatnam’s order dated 23.01.2025 having DIN and order no. ITBA/APL/S/250/2024-25/1072468551(1), involving proceedings under section 143(1) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
Delay of 54 days in filing of the instant appeal is condoned in the larger interest of justice and in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
It emerges at the outset that the sole substantive issue herein between both the parties is that of correctness of the learned lower authorities’ action denying the assessee’s claim to be assessed under the new tax regime under section 115BAC of the Act for the precise reason that he had failed to file the prescribed Form 10IE along with the return. Learned counsel has quoted the tribunal’s order in Pran Panda Vs. ITO, & 1510/Kol/2024, dated 04.11.2024 that the filing of Form 10IE is a directory provision which could not deny the assessee’s benefit of being assessed under the new tax regime. That being the case, I hereby accept the assessee’s instant sole substantive grievance and direct the learned assessing authority to assess him under the new regime as per law in very terms.
More judgments on Section 115BAC
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Tonk vs Dharam Chand Jain, TonkITA 1388/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Anshul Jagruchi Trust, Laxman Singh Block… vs Income Tax Officer Ward 6(2), C.R…ITA 1513/JPR/2026[2025-26]Status: Heard15 Oct 2026AY 2025-26
- Samaj Sahyogi Sanstha, Jaipur vs Income Tax Officer, JaipurITA 126/JPR/2026[2024-2025]Status: Disposed6 Oct 2026AY 2024-2025
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