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Facts
The assessee's appeals arose from orders denying the benefit of Section 10A for Assessment Years 2020-21 and 2021-22 due to not filing Form 10A. The assessee did not appear for hearings before the CIT(A) or the Tribunal.
Held
The Tribunal noted that the assessee did not properly present their case before the CIT(A) and restored the appeals to the Assessing Officer for re-examination. The assessee was given liberty to make submissions before the AO.
Key Issues
Whether the denial of Section 10A benefits was justified due to non-filing of Form 10A, and whether the assessee was provided adequate opportunity to present their case.
Sections Cited
10A, 11, 13
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Income Tax Appellate Tribunal, DELHI BENCH ‘H’: NEW DELHI
Before: SHRI PRAKASH CHAND YADAV & SHRI MANISH AGARWAL
ORDER PER PRAKASH CHAND YADAV, JM: Both these appeals of the assessee are arising out from the order of Ld. Commissioner of Income Tax (Appeals), dated 13.11.2024 and 12.11.2024 and relates to Assessment Years 2021-22 and 2020-21 respectively.
When this matter has been called up for hearing, nobody has appeared from the side of the assessee despite service of notice.
After perusing the order of Ld. CIT(A), it is gathered that the CPC while processing the return of income for both these years have denied benefit of section 10A to the assessee on the ground that the assessee did not file Form 10A along with return of income and, hence, the assessee is not entitled for the benefits of section 11 and 13 of the Act.