ARUN KUMAR SHARMA,DELHI vs. ITO, CPC 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 delay in filing Form 10-IE is a directory provision and not mandatory, and it can be filed even during the assessment proceedings. The Tribunal adopted the reasoning from a previous decision and allowed the assessee's grievance.
What were the facts?
The assessee's appeal for AY 2023-24 arose against an order disallowing a claim under Section 115BAC of the Act. The disallowance was based on the assessee not filing Form 10-IE by the due date, submitting it instead on 07.08.2023, after the due date of 31.07.2023.
What were the issues?
Whether the delay in filing Form 10-IE is a mandatory requirement for claiming the new tax regime under Section 115BAC or if it is a directory provision that can be condoned.
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.
- Harbans Singh v. AO, CPC11 citing165 Taxmann.com 146 · 2024 · ITAT
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Assessment Year: 2023-24 Vs. Income Tax Officer, Sh. Arun Kumar Sharma, D-35, Pocket-IV, Delhi Mayur Vihar, Delhi PAN :AATPS4705P (Appellant) (Respondent) Assessee by Sh. S.P. Gogia, Adv. Department by Sh. Akhilesh Kumar Yadav, Sr. DR Date of hearing 03.06.2025 Date of pronouncement 03.06.2025 ORDER This assessee’s appeal for assessment year 2023-24, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)- 1, Pune’s DIN and order no. ITBA/APL/S/250/2024- 25/1072178093(1), dated 15.01.2025 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.
A perusal of both the learned lower authorities’ respective findings indicates that they have held the assessee’s claim shifted to the new tax regime under section 115BAC of the Act for the sole
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
Recent GST High Court judgments
Search GST case law →- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026