ARYAKI DAW,KOLKATA vs. JCIT(A), NOIDA

ITA No. 793/Kol/2025
Assessment Year : 2022-2023

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filed on 31.1.2022, whereas the return was processed u/s.143(1) of the Act and the order was passed on 15.2.2023. The AO (CPC) rejected the claim of the assessee in the said intimation. The ld Addl/JCIT(A)-2, Noida affirmed the order of the Assessing Officer on the ground that Form 10IE was filed late.
4. After hearing the rival submissions and perusing the orders of lower authorities, I find that though the assessee admittedly has filed Form 10IE belatedly on 31.1.2022, whereas the due date of efiling Form 10 IE was July
31, 2022 as per section 139(1) of the Act however, the return was processed u/s.143(1) on 15.2.2023 meaning thereby that Form 10 IE was filed much before the date of processing the intimation u/s.143(1) of the Act. In my opinion, the benefit cannot be denied by the AO (CPC) especially when the Form 10IE was available with the Assessing Officer at the time of assessment.
The issue is now squarely covered by the decision of the Co-ordinate Bench of Cochin Bench in the case of Jomon Joseph vs ITO in ITA
No.482/Coch/2025 for A.Y. 2021-22 order dated 31.7.2025, wherein, the Co- ordinate Bench has held as under :
“7. I have heard rival submissions and perused the relevant material on record. The solitary issue that arises for my consideration in the present appeal is whether the CPC was justified in denying the benefit of New Tax Regime. Admittedly, the assessee had failed to submit the prescribed Form No.10IE in order to claim the benefit of New Tax
Regime before the due date for filing the return of income. However, the assessee had filed the said form on 15.02.2022 on which date
CPC had processed the return of income u/s.143(1)(a) denying the benefit of New Tax Regime. In any event, it is not a mandatory