KISHORE KEWALRAM ZAMTANI, HUF,NAGPUR vs. ITO WARD-3(4), NAGPUR

ITA 802/NAG/2025Status: DisposedITAT Nagpur10 September 2026AY 2023-247 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee exercised the option under Section 115BAC in the prior year and filed the return for the impugned assessment year before the due date, they are eligible for the new tax regime. The CIT(A)'s confirmation of the CPC's action was deemed an error.

What were the facts?

The assessee, Kishor Kewalram Zamtani HUF, opted for the new tax regime under Section 115BAC for AY 2023-24. The assessee had filed Form 10-IE in the prior year (AY 2022-23) and filed the return for AY 2023-24 before the due date. However, the CPC denied the benefit of the new regime, calculating tax under the old regime.

What were the issues?

Whether the assessee is eligible for the new tax regime under Section 115BAC when the option was exercised in the previous year and the return for the current year was filed before the due date.

Which sections of the Income-tax Act were involved?

Section 115BAC,Section 139(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR ‘SMC’ BENCH, NAGPUR

Before: DR.MANISH BORAD

For Respondent: Shri Abhay Shende, Sr. DR
Hearing: 28.07.2026Pronounced: 10.09.2026

The captioned appeal at the instance of assessee pertaining to A.Y. 2023-24 is directed against the order dated 10.10.2025 framed by Addl/JCIT(A), Jodhpur/(NFAC) arising out of Rectification order dated 25.07.2025 passed u/s. 154 of the Income Tax Act, 1961 (in short ‘the Act’).

2.

When the case called for, none appeared on behalf of the assessee. In the past also, there was no appearance from the side of the assessee on 11.03.2026. I therefore proceed to adjudicate the appeal with the assistance of ld. Departmental Representative and available material on record.

3.

The sole grievance of the assessee is that the Centralized Processing Centre (CPC) has denied the benefit of the option exerc

The order continues below.

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