SUJATA KOHLI,DELHI vs. DCIT CIRCLE 67(1), DELHI, DELHI
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 compliance of filing Form 10-IE is a directory and not a mandatory provision. The Tribunal accepted the assessee's ground and directed the assessing authority to finalize computation.
What were the facts?
The assessee sought to be assessed under the newly introduced scheme u/s 115BAC. However, the lower authorities rejected the claim because Form 10-IE was filed after the prescribed date.
What were the issues?
Whether the filing of Form 10-IE after the prescribed date makes the claim under Section 115BAC invalid, considering it as a directory provision.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Harbans Singh v. AO, CPC11 citing165 Taxmann.com 146 · 2024 · ITAT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year: 2023-24 Sujata Kohli, Vs DCIT, 10, Gagan Vihar (Main), Circle-67(1), Delhi-110051 Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. ABHPK0487H Assessee by: Sh. Rahul Prabhakar, Adv. Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 23.07.2025 Date of Pronouncement: 23.07.2025 ORDER This assessee’s appeal for Assessment Year 2023-24 arises against the Addl./JCIT(A)-1, Lucknow’s DIN & order No. ITBA/APL/S/250/2024-25/1074704556(1) dated 19.03.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that both the learned lower authorities have rejected the assessee’s claim to be assessed under a newly introduced scheme u/s 115BAC for the sole reason that sole reason that she had filed/uploaded the corresponding prescribed Form 10-IE well after the prescribed date.
Sujata Kohli 4. This being the clinching factual position, the tribunal in Harbans Singh Vs. AO, CPC (2024) 165 taxmann.com 146 (Amritsar Trib.) has already concluded that the above compliance of filing of the uploaded Form 10-IE is a directory than a mandatory provision. I accordingly accept the assessee’s instant sole substantive ground in principle in very terms and direct the assessing authority to finalize it’s consequential computation after verification of all the relevant facts as per law.
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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