JCIT(OSD), I/C. CIRCLE 1(1)(1), MUMBAI, AAYKAR BHAVAN, MUMBAI vs. ESMART ENERGY SOLUTIONS LIMITED, MUMBAI

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ITA 1773/MUM/2026Status: DisposedITAT Mumbai07 May 2026AY 2023-245 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since Form 10-IC was available on the CPC portal at the time of processing and all other requirements were met, the benefit of Section 115BAA should be granted. The delay in filing the form was considered a technical error.

What were the facts?

The assessee opted for a lower tax rate under Section 115BAA and filed Form 10-IC on November 24, 2023, after the due date of October 31, 2023. The AO-CPC did not grant the benefit, citing the delayed filing of the form.

What were the issues?

Whether the benefit of Section 115BAA can be allowed when Form 10-IC is filed after the due date for furnishing the return of income, and if the delay can be condoned by the appellate authorities.

Which sections of the Income-tax Act were involved?

Section 115BAA,Section 139(1),Section 250,Section 154,Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI VIKRAM SINGH YADAVSHRI SANDEEP SINGH KARHAIL

For Appellant: Shri H.N. Motiwalla
For Respondent: Shri Hemanshu Joshi, Sr. DR

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER

ITA No. 1773/MUM/2026 (Assessment Year : 2023-24) JCIT(OSD), I/C, Circle - 1(1)(1), Room No.533, 5th Floor, Aayakar Bhawan, ............... Appellant Mumbai – 400020 PAN: AACCS0489G v/s Esmart Energy Solutions Limited, C/o Dalal Desai & Kumana, ……………… Respondent Union Co-op. Insurance Building, 23, P.M. Road Fort, Mumbai - 400001 Assessee by : Shri H.N. Motiwalla Revenue by : Shri Hemanshu Joshi, Sr. DR

Date of Hearing – 05/05/2026 Date of Order - 07/05/2026

O R D E R PER SANDEEP SINGH KARHAIL, J.M. The Revenue has filed the present appeal against the impugned order dated 18.12.2025, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Additional/Joint Commissioner of Income Tax (Appeals), Udaipur [“learned Addl./Joint CIT(A)”], for the assessment year 2023-24.

2.

In this appeal, the Revenue has raised the following grounds: - “1. On the facts and circumstances of the case and in law, the Ld. Addl./JCIT (A) erred in allowing the benefit of lower rate of tax under Section 115BAA of

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the Income-tax Act, 1961 despite the fact that the option was not exercised by the assessee within the prescribed time limits as mandate under the Act. 2. On the facts and circumstances of the case and in law, the Ld. Addl./JCIT (A) erred in ignoring that no condonation of delay was obtained by assessee for such delayed filing of Form No. 101C. 3. On the facts and circumstances of the case and in law, Id. Addl./JCIT(A) erred in granting relief to the assessee ignoring the decision of the Bombay High Court in the case of Rama Industries Ltd v. PCIT-3 (182 taxmann.com 846- Bombay) wherein it is held that the relief in delay in filing Form 10IC can be allowed to assessee by filing condonation of delay u/s. 119(2)(b) before prescribed authorities not being JCIT(A) or CIT(A). The assessee be directed to file condonation of delay petition u/s.119(2)(b).”

3.

The solitary grievance of the Revenue is against allowing the benefit of a lower rate of tax under section 115-BAA of the Act.

4.

We have considered the submissions of both sides and perused the material available on record. The brief facts of the case are that for the year under consideration, the assessee filed its return of income on 24.11.2023, declaring a total income of Rs. 17,94,87,630/-, opting for a lower tax rate of 22% under section 115-BAA of the Act. In respect of its claim of taxability under section 115-BAA of the Act, the assessee also filed Form 10-IC on 24.11.2023. The learned AO-CPC, while processing the return of the assessee vide intimation dated 27.05.2024, passed under section 143(1) of the Act, did not grant the benefit of a lower tax rate under section 115-BAA of the Act. Being aggrieved, the assessee filed a rectification application under section 154 of the Act, which was also disposed of vide order dated 12.11.2024 without granting any relief to the assessee. The learned Addl./Joint CIT(A), vide impugned order, after taking into consideration the fact that Form 10-IC seeking benefit of lower tax rate under section 115-BAA of the Act was available on the CPC Portal, arrived at the conclusion that processing of the

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assessee return under the old regime appears to be a technical error. Accordingly, the learned Addl./Joint CIT(A) directed the AO to recompute the tax by granting the benefit of a concessional rate as per section 115BAA of the Act. Being aggrieved, the Revenue is in appeal before us.

5.

During the hearing, the learned Departmental Representative (“learned DR”) submitted that, as per the provisions of section 115-BAA of the Act, the occasion for availing the lower tax rate needs to be exercised on or before the due date specified under section 139(1) of the Act for furnishing the return of income. The learned DR submitted that in the present case, the due date for filing the return of income was 31.10.2023. However, the assessee filed Form 10-IC on 24.11.2023. Thus, it was submitted that the learned Addl./Joint CIT(A) erred in directing the AO to grant the benefit of a concessional rate of tax to the assessee.

6.

On the other hand, the learned Authorised Representative (“learned AR”) submitted that in the year under consideration, due to a change in auditor, the accounts were not audited till the due date of filing the return of income. Accordingly, the assessee filed its return belatedly on 24.11.2023. The learned AR submitted that on the same date, i.e., 24.11.2023, the assessee also filed Form 10-IC exercising its option under section 115-BAA of the Act. Accordingly, the learned AR submitted that for claiming the benefit of the concessional rate of tax under section 115-BAA of the Act, the assessee fulfilled all the procedural requirements, and all the details with supporting documents were available before the AO-CPC for granting the benefit under section 115-BAA of the Act.

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7.

Having considered the submissions of both sides and perused the material available on record, in the present case, it is undisputed that the assessee filed Form 10-IC for claiming the benefit of a concessional rate of tax under section 115-BAA of the Act. From the perusal of the return of income for the year under consideration, a copy of which is placed in the paper book from pages 13-14, we find that the assessee duly provided the details of Form 10-IC filed on 24.11.2023 in respect of opting for taxation under section 115- BAA of the Act. It is pertinent to note that in the present case, even in the intimation issued under section 143(1) of the Act, the AO-CPC has correctly noted that the assessee has opted for section 115-BAA of the Act. However, it is the plea of the Revenue that since this option was not exercised prior to the due date for filing the return of income under section 139(1) of the Act, which in the present case was 31.10.2023 and the assessee filed Form 10-IC after the said due date on 24.11.2023, the assessee is not entitled to the benefit of concessional rate of tax under section 115-BAA of the Act. As per the assessee, the said delay was totally beyond its control as its accounts were not audited due to the change of auditors, which also resulted in the delayed filing of the return of income on 24.11.2023. Therefore, in the present case, the assessee admittedly failed to submit the prescribed Form 10-IC to claim the benefit of a concessional rate of tax before the due date for filing the return of income. However, it is equally evident that the said Form was available on the portal of CPC on the date of processing of the return of income on 27.05.2024. Therefore, we are of the considered view that since the Form 10-IC was very much available with the CPC, the CPC ought to have

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considered the same when all the other requirements for claiming the benefit of concessional rate of tax under section 115-BAA of the Act were fulfilled by the assessee, and no dispute has been raised by the Revenue on any other aspect. Thus, we do not find any infirmity in the findings of the learned Addl./Joint CIT(A) in directing the AO to recompute the tax liability of the assessee by giving the benefit of the provisions of section 115-BAA of the Act. As a result, the grounds raised by the Revenue are dismissed.

8.

In the result, the appeal by the Revenue is dismissed. Order pronounced in the open Court on 07/05/2026

Sd/- Sd/- VIKRAM SINGH YADAV SANDEEP SINGH KARHAIL ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 07/05/2026 Prabhat

Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order Assistant Registrar ITAT, Mumbai.

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