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Facts
The assessee opted for a new tax regime but failed to file Form 10-IC, leading CPC to compute tax under the old regime, which was confirmed by the CIT(A). The assessee filed a condonation application for the delay in filing Form 10-IC.
Held
The Tribunal set aside the impugned order and restored the appeal to the CIT(A) for fresh adjudication pending the decision on the condonation application, which is crucial for the assessee's claim.
Key Issues
Whether the assessee can claim benefits of the new tax regime when Form 10-IC was filed with delay and a condonation application is pending.
Sections Cited
115BAA(5), 119(2)(b)
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Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(िनधा�रणवष� / Assessment Year: 2021-22) DMS Papers Private Ltd. CPC 7957/5, Ranbir Marg, Ist Floor बनाम/ Dukhniwaran Sahib-147001. Prestige Alpha No.48/148/2 Beratenaagarahara Begur, Vs. HosurRd, Uttarahalli Hobli, Karnataka. 560100. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAECD-3740-R (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : None ��थ�कीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 07-04-2025 घोषणाकीतारीख /Date of Pronouncement : 07-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals), Bengaluru [CIT(A)] dated 30-04-2024 in the matter of an intimation issued by CPC on 24-08-2022. The assessee opted for new tax regime u/s 115BAA(5) but it failed to file requisite form 10-IC to lay claim on lower tax as per new regime. Accordingly, CPC computed tax as per old regime only. The same was confirmed by Ld. CIT(A).
Upon perusal of adjournment application of Ld. AR, it emerges that the assessee has already preferred condonation application before appropriate authority u/s 119(2)(b) seeking condonation of delay in filing From 10-IC. The application is stated to be pending for decision. Considering this fact, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for fresh adjudication in the light of outcome of the said application which would have direct bearing on the claim of the assessee.
The appeal stand allowed for statistical purposes. Order pronounced on 07th April, 2025.
Sd/- Sd/- (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT लेखा सद� /ACCOUNTANT MEMBER Dated : 07-04-2025 आदेश की �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF